mm 


(i-  R.  GOVERNMENT 


A 

0 
0 


-n=l,STATE  AND  NATIONAL 

6  ^^^5 


7 


*==  JAMES  ANDSANFORD 


."^F^'-ty- 


JK 
251 


_*/_^ 


arne  s    - 


Southern  Branch 
of  the 

University  of  California 

Los  Angeles 

Form  L-l 

i*3 


This  book  is  DUE  on  the  last  date  stamped  below 


JUN  9      1926 
NOV  4     ig 

JUL  13   1926 


-       1929 
5      1929 

5      1931 


i 


Form  L-9-15/;i-8,"-!4 


OUR   GOVERNMENT 


LOCAL,  STATE,  AND   NATIONAL 


BY 
J.    A.    JAMES,    Ph.D. 

PROFESSOR   OF   HISTORY   IN.  NORTHWESTERN   UNIVERSITY 

AND 

A.    H.   SANFORD,    M.A. 

PROFESSOR  OF  HISTORY,   STATE   NORMAL   SCHOOI ,   STEVENS  POINT, 

WISCONSIN 


NEW   YORK 

CHARLES  SCRIBNER'S  SONS 

1907 


COPYRIGHT,   1903,   BY 
CHARLES   SCRIBNER'S   SONS 


vj  2^3 


PREFACE. 

The  subject-matter  herewith  presented  partially  repre- 
sents the  plan  pursued  by  the  authors  as  teachers  of  civil 
government  for  a  number  of  years  in  high  school,  academy, 
and  normal  school.  It  has  been  found  that  a  study  of  the 
methods  by  which  the  affairs  of  government  are  conducted 
gives  constant  interest  to  the  work,  and,  consequently,  the 
practical  side  of  government  has  been  emphasized.  But 
while  our  desire  has  been  to  bring  the  actual  working  of 
the  institutions  under  which  the  student  lives  into  promi- 
nence, we  have  also  attempted  to  give  such  accounts  of  the 
origin  and  early  development  of  forms  of  government  as 
will  assist  in  explaining  their  process  of  growth.  The  plan 
of  discussion  is  similar  to  that  followed  in  "  Government 
in  State  and  Nation."  The  general  favor  with  which  that 
text  has  been  received  leads  to  the  belief  that  it  fully  meets 
the  requirement  of  the  Committee  of  Seven  for  such  schools 
as  present  civil  government  in  the  third  or  fourth  year  of 
the  course.  In  many  cases,  however,  the  subject  is  taught 
earlier  in  the  course,  and  the  present  work  has  been  pre- 
pared in  answer  to  the  requests  of  teachers  for  a  text 
suitable  to  this  class  of  students. 

The  arrangement  is  such  that  either  Local  (Part  I), 
National  (Part  II),  or  State  Government  (Part  III)  may 
be  studied  first.  In  the  work  on  local  and  State  govern- 
ment it  is  not  expected  that  the  student  will  learn  all  of 
the  different  practices  found  in  the  various  States,  but  that 
he  will  compare  them  with  those  of  his  own  State. 

v 


VI 


PREFACE. 


While  some  of  the  discussions  and  many  of  the  sugges- 
tive questions  are  intended  to  make  students  realize  more 
completely  their  duties  as  citizens,  many  more  having  a 
local  bearing  will  occur  to  teachers.  It  is  scarcely  to  be 
hoped  that  all  of  the  books  and  magazines  mentioned  will 
be  found  in  any  high  school  library,  but  the  need  for  sup- 
plementary reading  is  being  met  through  the  rapid  increase 
of  public  libraries.  A  working  library  on  the  subject  of 
civics  may  be  accumulated  in  a  short  time  if  only  a  few 
of  the  books  given  in  Appendix  C  are  procured  each  year. 
No  attempt  has  been  made  to  give  references  to  all  of  the 
material  which  has  appeared  within  the  past  few  years. k 

The  ability  of  the  reader  and  the  time  to  be  devoted  to 
the  subject  have  been  kept  constantly  in  mind.  There 
may  be  more  supplementary  questions  and  references  than 
can  be  used  by  any  one  class.  Should  it  happen,  on  the 
other  hand,  that  more  work  of  this  character  is  desired, 
the  need  may  be  met  by  reference  to  similar  questions  in 
"Government  in  State  and  Nation." 

We  are  under  obligation  to  Miss  Carla  F.  Sargent  of 
Northwestern  University  Academy  who  read  a  large  part 
of  the  manuscript.  We  also  take  this  opportunity  of 
acknowledging  the  assistance  given  by  many  teachers 
of  civics,  strangers  to  us,  who  are  using  "  Government  in 
State  and  Nation,"  for  their  helpful  suggestions. 

Evanston,  Illinois, 
May  i,  1903. 


CONTENTS. 


CHAPTER 

I. 

II. 

III. 

IV. 


PART   I. 

The  Work  of  Local  Government  . 
County  Government  .... 
The  Origin  of  Local  Governments 
The  Government  of  Cities 


PAGrf 

I 

7 

'9 


PART   II. 

V.  Events  leading  to  the  Formation  of  the  Union 

VI.  The  Constitutional  Convention 

VII.  Organization  of  the  Legislative  Department 

VIII.  Powers  and  Duties  of  the  Separate  Houses 

IX.  How  Laws  are  made  by  Congress. 

X.  Some  Important  Powers  of  Congress 

XL  Other  General  Powers  of  Congress 

XII.  Powers  denied  the  United  States  and  the  Sev 
eral  States  .... 

XIII.  The  Executive  Department    . 

XIV.  Powers  and  Duties  of  the  President 
XV.  The  Cabinet 

XVI.  The  National  Judiciary  . 

XVII.  Territories  and  Public  Lands 

XVIII.  Amendments  to  the  Constitution  . 

XIX.  The  Governments  of  the  World  . 

vii 


32 
40 

5° 
66 

73 

83 
98 

11 1 
"5 

131 

141 

156 

165 

175 
179 


Vlll 


CONTENTS. 


PART   III. 

CHAPTER  PAGE 

XX.    The  Origin  of  State  Governments        .        .        .  186 

XXI.     State  Legislatures 191 

XXII.     State    Executive    and    Administrative    Depart- 
ments      199 

XXIII.  Political  Parties  and  Elections   ....  207 

XXIV.  Taxation 220 

XXV.    Judicial  Trials 229 

XXVI.     Public  School  Systems    ......  237 

APPENDIX. 


A.  Constitution  of  the  United  States 

B.  The  Articles  of  Confederation  . 

C.  Declaration  of  Independence 

D.  Reference  Books      .... 


INDEX 


243 
260 

269 

274 

275 


PART    I. 
LOCAL    GOVERNMENTS. 

THE  WORK  OF  LOCAL   GOVERNMENT. 

The  Preservation  of  Order.  —  The  first  and  most  impor- 
tant function  of  any  government  is  the  preservation  of 
order.  We  think  of  this  function  most  frequently  as  exer- 
cised in  the  arrest  of  offenders  who  violate  the  law.  In 
fact,  most  young  persons  receive  their  earliest  ideas  of 
government  by  seeing  that  embodiment  of  governmental 
authority,  the  policeman,  or  constable.  But  he  is  not  the 
only  officer  who  is  concerned  in  the  preservation  of  order. 
The  police  officer  who  makes  an  arrest  cannot  punish  his 
prisoner,  but  must  merely  hold  him  until  it  is  decided  that 
he  deserves  punishment.  This  is  the  work  of  a  court, 
with  its  justice,  or  judge,  and  the  jury.  If  the  prisoner  is 
declared  guilty,  then  the  police  officer  executes  the  orders 
of  the  court  by  collecting  a  fine  or  by  imprisoning  him. 
We  have  here  illustrated  two  divisions  of  governmental 
authority:  (i)  the  judicial,  which  decides  whether  the  law 
applies  in  particular  cases;  and  (2)  the  executive,  which 
carries  out  the  requirements  of  the  law  and  the  orders  of 
the  court. 


2  LOCAL   GOVERNMENTS. 

Law-making.  —  The  executive  and  the  judicial  officers 
are  both  subject  to  higher  authority :  the  one  applies  and 
the  other  executes  the  law.  The  framing  of  the  law  con- 
stitutes the  third  function  of  government.  This  is  the  work 
of  legislation,  carried  on  by  such  bodies  as  the  town  board, 
the  village  board,  and  the  city  council.  But  these  law- 
making bodies  do  not  possess  independent  authority ;  they 
are  bound  more  or  less  strictly  by  the  opinions  of  those 
who  elected  them  to  office ;  i.e.  the  body  of  voters. 

The  Three  Divisions  of  Government.  —  We  say,  then, 
that  in  our  country  government  is  based  finally  upon  the 
will  of  the  people.  For  the  expression  of  their  will  they 
choose  numerous  officers,  who  may  be  grouped  under  three 
heads,  corresponding  to  the  general  divisions  of  govern- 
ment :  legislative,  executive,  and  judicial. 

Just  as  it  would  be  impossible  for  all  the  voters  to  take  part  in 
applying  or  interpreting  the  law,  so  it  is  in  most  cases  impossible  for 
them  to  assemble  in  a  body  and  make  the  laws.  They  generally  dele- 
gate this  work  to  legislators ;  but  in  some  States  the  voters  of  a  town 
(or  township)  assemble  yearly  in  town  meeting,  where  all  may  take 
part  in  discussion  and  in  voting. 

Roads  and  Streets. — The  preservation  of  order  is  but 
one  of  the  functions  of  government.  In  towns  where  the 
population  is  scattered,  roads  must  be  built,  and  it  is  still 
more  necessary  that  in  villages  and  cities,  where  many 
people  live  within  a  small  area,  streets  should  be  graded 
and  paved  and  sidewalks  maintained.  This  is  an  illustra- 
tion of  the  way  in  which,  through  the  machinery  of  govern- 
ment, people  provide  themselves  with  many  conveniences 
that  it  would  be  impossible  for  each  citizen  to  provide  for 


THE  WORK   OF   LOCAL  GOVERNMENT.  3 

himself.  The  legislative  bodies  already  mentioned  deter- 
mine the  extent  to  which  these  things  shall  be  done :  the 
town  board  orders  the  laying  out  of  a  new  road ;  the  vil- 
lage board  or  the  city  council  passes  ordinances  saying 
what  streets  shall  be  paved  and  what  materials  shall  be 
used  in  the  work. 

Executive  Officers,  General  and  Special.  —  The  actual 
execution  of  the  work  involved  in  public  improvements 
is  generally  in  charge  of  a  special  officer,  such  as  the  road 
or  street  commissioner.  But  since  there  are  many  other 
matters  of  public  concern  that  require  attention,  each 
under  the  control  of  an  executive  officer,  it  is  necessary 
that  a  general  officer  should  be  in  authority  over  all  of 
these  as  the  chief  executive  of  the  local  government.  This 
officer  is  known  by  various  titles,  as,  in  the  town  the 
chairman,  in  the  village  the  president,  and  in  the  city  the 
mayo j'.  In  any  case,  he  has  all  or  most  of  the  important 
executive  work  of  government  under  his  control.  It  is  his 
duty  to  see  that  the  laws  are  obeyed,  so  the  police  officers 
are  subject  to  his  orders.  The  chief  executive  is  guardian 
of  the  people's  interests ;  for  he  must  see  that  the  minor 
officers  do  not  injure  the  public  welfare  by  neglect  of  duty, 
and  he  must  defend  the  public  from  all  persons  who  would 
encroach  upon  its  rights. 

Let  us  now  consider  some  of  the  other  ordinary  func- 
tions of  local  government. 

The  Poor.  —  Poor  relief  may  be  mentioned  first.  How 
much  aid  shall  be  granted  to  paupers,  and  how  shall  it  be 
distributed,  are  questions  that  everywhere  require  attention. 


4  LOCAL   GOVERNMENTS. 

Public  Health.  —  Public  health  is  also  an  important  sub- 
ject upon  which  local  laws  must  be  enacted.  In  cities, 
particularly,  the  council  passes  strict  regulations  for  pre- 
venting the  occurrence  of  diseases  and  for  checking  the 
spread  of  such  as  are  contagious.  City  ordinances  are 
also  enacted  regulating  the  construction  of  sewers  and 
drains.  The  health  commissioner  and  the  city  physicians 
are  the  particular  officers  who  direct  the  execution  of  laws 
upon  these  subjects. 

Education.  —  Public  education  is  among  tne  most  impor- 
tant of  the  local  government's  functions.  The  free  schools 
which  exist  everywhere  in  our  country  are  supported  and 
controlled  chiefly  by  the  towns,  villages,  and  cities.  In  many 
States,  however,  there  are  other  divisions,  called  school  dis- 
tricts, which  have  boards  and  officers  for  this  purpose. 

Other  Necessary  Functions.  —  Protection  from  fire  is  so 
important  in  communities  where  population  is  dense  that 
special  officers  and  apparatus  must  be  provided.  So,  too, 
streets  must  be  lighted,  and  a  pure  water-supply  provided. 

Parks,  Museums,  and  Libraries.  —  Besides  the  functions 
of  government  that  are  readily  seen  to  be  necessary,  there 
are  others  which  may  not  at  first  appear  to  be  so.  We 
have  cities  providing  parks,  with  beautiful  lawns  and 
flower-gardens ;  museums,  where  articles  of  historical  and 
scientific  interest  are  kept;  aquariums  and  zoological 
gardens ;  libraries,  with  books,  magazines,  and  papers  for 
the  free  use  of  all  citizens.  If  one  looks  closely,  he  will 
see  a  reason  in  each  case  why  the  government  undertakes 
these  various  enterprises. 


THE   WORK   OF  LOCAL  GOVERNMENT.  5 

Why  Taxes  are  Levied.  —  We  have  now  to  consider  a 
power  of  government,  without  which  none  of  the  others 
so  far  enumerated  could  be  exercised.  This  is  the  taxing 
power.  In  every  instance  money  must  be  used  by  local 
governments  in  exercising  their  functions.  Officers,  who 
are  agents  of  the  people,  depend  largely  upon  taxes  for 
their  salaries.  Taxes  are  levied  by  the  legislative  bodies 
that  we  have  found  in  towns,  villages,  and  cities.  Other 
officers,  assessors  and  treasurers,  determine  the  amount  to 
be  paid  by  each  citizen  and  collect  the  taxes.  The  treas- 
urer also  has  custody  of  public  money,  and  pays  it  out 
when  ordered  to  do  so  by  the  proper  authorities. 

All  of  the  operations  of  government  are  matters  of 
record.  While  each  officer  is  expected  to  keep  strict  ac- 
count of  the  operations  of  his  own  department,  the  general 
records  of  towns,  villages,  and  cities  are  kept  by  the  clerks. 

This  general  view  of  local  governments  may  now  be 
summarized  in  two  forms  :  — 

I.     The  Functions  of  Local  Government. 

1 .  Protection :  — ■ 

The  preservation  of  order. 
Protection  against  fire. 
Protection  of  public  health. 

2.  Providing  Necessities  and  Conveniences  :  — 

Roads  —  Streets  —  Sidewalks. 
Water  —  Lights  —  Sewers. 
Poor  relief  —  Education. 
Parks  —  Libraries  —  Museums. 


LOCAL   GOVERNMENTS. 


II.     Officers  of  Local  Government.1 

VILLAGE. 

Board 
President 
Clerk 
Treasurer 
Assessors 
Constables 
Street  Commis- 
sioner 


TOWN. 

Board 

Chairman 
Clerk 
Treasurer 
Assessors 
Constables 
Road  Commis- 
sioner 


CITY. 

Council 
Mayor 
Clerk 
Treasurer 
Assessors 
Police 

Street  Commis- 
sioner 


Justices 


Justices 


Justices 


SUPPLEMENTARY   QUESTIONS. 


Make  a  study  of  your  local  (town,  village,  or  city)  government, 
i.   Group  the  officers   as  legislative,  executive,  and  judicial,  respec* 
tively. 

2.  How  many  different  methods  are  used  in  paying  these  officers? 

3.  Do  all  the  voters  ever  assemble  to  make  laws?     If  not,  how  is  the 

will  of  the  majority  expressed  ? 

4.  What  are  some  of  the  local  regulations  regarding  the  poor?'2  pub- 

lic health  ?  protection  from  fire  ? 

5.  Who  pays  for  the  education  that  young  people  receive  in  the  public 

schools  ? 

6.  How  much   has  your   local  government  done  toward  furnishing 

things  that  are  not  merely  conveniences  ?     How  do  you  justify 
expenditures  for  these  purposes? 

7.  Does  the  management  of  local  government  excite  as  much  inter- 

est among  the  citizens  as  it  should? 

8.  In   what  ways  are  students  directly  interested  in  having  efficient 

local  governments  ? 

1  The  list  here  given  is  not  complete,  and  the  official  titles  are  not  the 
same  in  all  States. 

2  For  a  general  account  under  this  topic,  see  James  and  Sanford,  "  Govern- 
ment in  State  and  Nation,"  Chapter  VIII.  Health  regulations  are  discussed 
in  the  same  work,  pp.  98  and  99. 


CHAPTER   II. 

COUNTY  GOVERNMENT. 

Why  there  are  Counties.  —  If  the  local  organizations 
discussed  in  the  preceding  chapter  could  attend  to  all  the  ' 
interests  that  citizens  have  in  common,  then  government 
would  be  a  much  simpler  matter  than  it  is.  But  just  as 
almost  every  citizen  has  business  and  social  relations  out- 
side of  the  immediate  vicinity  in  which  he  lives,  so  differ- 
ent communities  must  have  political  relations  with  each 
other  if  they  are  to  live  in  harmony.  For  this  and  other 
reasons,  which  we  shall  learn  presently,  county  govern- 
ments are  instituted.  Their  organization  and  functions 
correspond  quite  closely  to  those  of  the  towns,  villages, 
and  smaller  cities. 

Important  County  Officers.  —  The  local  governments  can- 
not undertake  alone  the  preservation  of  order  or  the  protec- 
tion of  citizens  against  criminals.  We  have,  consequently, 
an  important  officer,  the  sheriff,  who  with  his  deputies  has 
power  to  make  arrests.  There  is  also  the  judicial  side  of 
county  governments,  seen  in  the  court,  with  its  judge.  In 
this  court  another  county  officer,  called  the  district  or 
State  s  attorney,  prosecutes  persons  who  are  accused  of 
crime;  i.e.  he  finds  and  presents  in  the  trial  evidence 
of  the  prisoner's  guilt. 

7 


S  LOCAL   GOVERNMENTS. 

Functions  of  County  Government.  —  Public  highways  are 
also  matters  of  more  than  local  concern.  When  an  expen- 
sive bridge  is  to  be  built,  or  an  important  road  in  which 
several  communities  are  interested  is  to  be  constructed, 
the  county  government  can  best  raise  the  money  and 
manage  the  work.  So,  too,  in  caring  for  the  poor,  the 
county  may  aid  the  local  governments,  or  it  may  assume 
entire  charge  of  the  paupers,  and  maintain  a  poorhouse. 

The  County  Board.  —  It  is  evident  that  there  must  be 
a  legislative  body  which  shall  determine  the  policy  of  the 
county  in  these  matters.  This  is  the  county  board,  or  as  it 
is  called  in  some  States,  the  county  court.  In  most  States 
this  body  is  composed  of  commissioners.  These  are  elected 
by  either  of  two  methods:  (i)  at  large,  when  every  voter 
may  vote  for  the  entire  number  of  commissioners ;  (2)  they 
may  be  elected  from  districts  into  which  the  county  has 
been  divided.  In  some  States  the  members  of  the  county 
board  are  called  supervisors,  and  they  represent  the  towns, 
villages,  and  wards  of  cities.  Under  this  system  the  county 
board  is  generally  larger  than  under  the  commissioner  sys- 
tem. There  is  another  difference  between  the  two  systems  : 
in  the  States  that  have  county  commissioners,  the  county 
government  has  more  extensive  functions  than  in  the  other 
States.  That  is,  county  government  has  almost  entire  con- 
trol of  such  matters  as  roads  and  poor  relief,  leaving  the 
local  governments  with  little  authority  in  these  directions. 
On  the  other  hand,  where  the  supervisor  system  exists,  the 
towns  and  villages  have  chief  authority  in  legislating  upon 
these  matters,  and  the  county  assists  or  takes  only  such 
part  as  it  finds  necessary  for  the  general  good. 


COUNTY   GOVERNMENT.  9 

Power  of  the  Board.  —  The  county  board  holds  annual 
meetings  and  legislates  for  the  county  as  a  whole.  It  has 
charge  of  the  county  property,  including  the  court-house, 
jail,  and  poorhouse.  Since  it  must  provide  for  the  ex- 
pense of  maintaining  these  buildings,  for  the  salaries  of 
county  officers,  and  for  other  expenses  connected  with 
roads,  poor,  and  other  county  business,  the  board  must 
also  have  the  power  of  levying  taxes. 

Superintendent  of  Schools.  —  Education  is  another  func- 
tion of  government  which  is  not  managed  solely  by  the 
local  units.  There  is  a  county  officer,  called  the  superin- 
tendent of  schools,  who  has  supervisory  powers,  and  he 
usually  examines  teachers  and  certifies  to  their  qualifica- 
tions. 

Register  of  Deeds.  —  The  register  of  deeds,  or  recorder, 
is  a  county  officer  who  keeps  records  of  certain  kinds. 
Among  other  things,  copies  of  deeds  are  registered  or  kept 
in  his  office.  A  person  wishing  to  buy  real  estate  {i.e. 
houses  or  lands)  may,  by  consulting  the  records  in  this 
office,  learn  whether  the  owner  has  a  clear  title  to  the 
property. 

Coroner.  —  The  corotier  has  the  duty  of  holding  inquests 
when  persons  meet  death  by  violence  or  in  some  unex- 
plained way.  He  may  also  perform  the  duties  of  the 
sheriff  when  the  latter  is  incapacitated. 

Surveyor.  —  The  county  surveyor  makes  surveys  at  the 
request  of  public  authorities,  as  well  as  for  individuals. 
He  keeps  the  official  records  of  the  boundaries  of  farms 
and  lots. 


10  LOCAL   GOVERNMENTS. 

Clerk  and  Treasurer.  —  Of  course  the  county  must  have 
its  clerk  and  treasure)',  the  customary  officers  whose  duties 
are,  respectively,  to  keep  the  records  and  to  handle  county 
moneys. 

We  may  now  pass  in  review  the  principal  features  of 
county  government:  — 

I.     Legislative. 

i.    Comity  Boards  :  — 

Commissioner  type 
Supervisor  type 

2.    Functions :  — 

County  buildings  Roads  and  bridges 

Poor  —  Education  Taxation 

II.     Executive  and  Administrative  Officers. 

Sheriff  and  Deputies  Attorney 

Clerk  Superintendent  of 
Treasurer  Schools 

Register  of  Deeds,  Coroner 

or  Recorder  Surveyor 

(In  some  States,  Assessors  and  Collectors  of  Taxes, 
and  Auditors.) 

III.     Judiciary. 
County  Court  District  Court 

Relations  of  Local  Officers  to  State  Law.  —  There  are 
other  reasons  than  those  already  given  why  States  are 
divided  into  counties.     One  is  because,  in  the  performance 


COUNTY   GOVERNMENT.  II 

of  their  duties,  the  county  officers  act  as  agents  for  the 
State  ;  that  is,  they  carry  out  the  requirements  of  State 
law  in  their  own  localities.  For  example,  criminals  are 
brought  to  trial  and  punished  under  State  law,  but  it  is 
administered  by  local  or  county  officials.  So  the  surveyor, 
superintendent  of  schools,  register  of  deeds,  and  other 
officers  act  under  State  laws.  While  it  seems  best  to 
have  one  general  law  for  the  State  upon  important  sub- 
jects, it  is  also  the  policy  of  our  government  to  intrust  the 
execution  of  the  law,  in  most  cases,  to  local  rather  than  to 
State  officials.  These  officers,  being  elected  by  the  people 
of  the  various  localities,  feel  their  responsibility  more 
keenly  than  if  they  obtained  office  by  appointment  from 
State  authorities.  The  counties,  then,  are  administrative 
districts  of  the  State,  made  for  convenience  in  the  manage- 
ment of  those  governmental  matters  which  are  uniform 
throughout  the  State.  In  the  control  of  those  matters 
which  affect  but  one  locality,  the  county  authorities  are 
free  to  follow  their  own  policy,  within  the  limits  of  State 
law. 

What  has  been  said  concerning  the  relation  of  the  county 
to  the  State  government  is  true  to  a  considerable  extent 
concerning  the  town,  village,  and  city  governments.  Here, 
too,  elections  are  held,  taxes  are  collected,  and  trials  are 
conducted  by  local  officers  in  accordance  with  State  law. 
Indeed,  it  is  true  that  these  local  divisions  owe  their  ex- 
istence to  State  law.  Towns  are  laid  out,  villages  and 
cities  are  incorporated,  in  accordance  with  the  provisions 
of  laws  enacted  by  State  legislatures.  The  State  is  the 
source  of  all  the  authority  exercised  by  the  officers  and 
governing  bodies  of  these  local  governments. 


12  LOCAL   GOVERNMENTS. 

SUPPLEMENTARY   QUESTIONS. 

Make  a  study  of  your  county  government. 

1.  Outline  the  officers  in  groups,  as  on  p.  6. 

2.  Learn  the  important  duties  of  each  officer. 

3.  Are  officers   paid   by  fees  or  by  salaries  ?      Which   is  the   better 

method  ? 

4.  What  is  the  length  of  the  term  for  which  each  county  officer  holds 

his  position  ? 

5.  How   many   members    constitute    the    county   board  ?     Are    they 

commissioners  or  supervisors  ?  When  do  the  meetings  of  the 
board  occur  ? 

6.  Obtain  a  copy  of  the  county  board's  report  and  ascertain  what  im- 

portant business  has  been  transacted. 

7.  What  buildings  has  the  county  at  the  county  seat  ?     Does  it  own 

property  elsewhere  ? 

8.  What  process  is  followed  in  laying  out  a  new  town  ?  in  the  incor- 

poration of  a  village  ? 

REFERENCES. 

1.  An  account  of  local  government  in  Illinois,  Iowa,  Michigan,  and 

Pennsylvania  is  found  in  Bryce,  The  American  Commonwealth, 
Vol.  I,  572-581  (601-610). 1 

2.  The  functions   of  local  government  are  discussed   in  Holt,  Talks 

on  Civics,  Chapter  I  ;  Ashley,  The  American  Federal  State,  397- 
400 ;  Bryce,  The  American  Commonwealth,  Vol.  I,  586-589  (616- 
619). 

1  References  to  Bryce  are  given  in  duplicate;  pages  enclosed  in  parentheses 
refer  to  the  third  edition,  1896. 


CHAPTER  III. 
THE   ORIGIN  OF  LOCAL  GOVERNMENTS. 

The  Source  of  our  Local  Governments.  — The  systems  of 
local  government  which  have  been  described  did  not  spring 
up  spontaneously,  nor  were  they  established  arbitrarily. 
There  are  reasons  to  be  found  in  the  history  ot  their 
origins  which  explain  many  of  their  details.  We  shall 
now  see  how  local  government  grew  in  the  colonies,  for 
here  we  have  the  beginnings  of  the  systems  that  are  in 
operation  to-day. 

Everywhere  in  the  colonies  the  English  settlers  adapted 
to  their  new  environment  the  ancient  customs  of  the 
mother-country.  Differences  in  physical  geography,  and 
in  the  character  and  motives  of  the  colonists,  caused  differ- 
ences in  the  resulting  local  governments.  This  fact  is  best 
illustrated  by  an  account  of  what  took  place  in  New  Eng 
land  and  in  Virginia. 

The  Method  of  Settlement  in  New  England.  —  These  col 
onies  were  settled  by  emigrants  who  came,  in  the  main, 
from  the  same  classes  of  Englishmen.  The  New  Englanders, 
however,  were  Puritans.  The  church  and  its  services  were 
a  very  important  part  of  their  daily  lives.  The  require 
ment  of  church  attendance  was  one  reason  for  grouping 
their  homes  near  the  meeting-house.     Moreover,  the  region 

13 


14  LOCAL   GOVERNMENTS. 

in  which  they  settled  had  a  stony  soil,  difficult  to  cultivate. 
Their  farms  required  careful  cultivation,  and  therefore 
could  not  be  very  large.  The  New  Englander  was  content 
to  live  near  the  coast.  Access  to  the  interior  was  not 
easy,  for  the  rivers,  with  few  exceptions,  were  short  and 
rapid.  The  sea  fisheries  tempted  the  settlers  to  remain 
near  the  coast,  and  fishing,  with  ship-building  and  com- 
merce, became  their  important  industries. 

Town  Meeting  and  Officers.  —  For  these  reasons  New 
England  was  a  region  of  small  farms  and  towns,  and  the 
local  government  which  grew  up  was  adapted  to  these 
conditions.  The  voters  of  each  town  (or  township)  met 
annually,  or  oftener,  in  "  town  meeting."  Here  their  com- 
mon local  affairs  were  discussed  and  regulated.  The 
church,  the  schools,  roads,  the  poor,  and  many  other 
matters  were  under  the  complete  control  of  this  meeting, 
and  of  the  officers  elected  by  the  assembled  voters.  These 
officers  were  the  selectmen,  —  a  board  having  general  super- 
vision of  the  town  affairs,  —  the  clerk,  treasurer,  assessors, 
fence  viewers,  constables,  and  numerous  others. 

The  County  in  New  England.  — -  Because  the  people  lived 
in  towns  and  could  most  easily  regulate  their  affairs  through 
the  machinery  of  town  government,  they  had  no  counties 
whatever  at  first ;  but  these  were  soon  established,  though 
merely  for  judicial  purposes.  The  governor  appointed 
justices  who  held  court  in  each  county. 

The  distinctive  features  of  New  England  local  govern- 
ment, then,  were  (i)  its  democratic  character,  seen  par- 
ticularly in  the  town  meeting  ;  and  (2)  the  fact  that  nearly 


THE   ORIGIN   OF   LOCAL  GOVERNMENTS.  15 

all  local  affairs  were  managed  by  the  town  government, 
leaving  but  one  important  function,  and  that  judicial  in 
its  nature,  for  the  county. 

The  Settlement  of  Virginia.  —  In  the  colony  of  Virginia 
we  find  conditions  that  bring  about  entirely  different  results 
in  the  organization  and  workings  of  local  government. 
Here  the  settlers  were  not  bound  by  religious  or  other 
ties  into  compact  social  bodies  as  the  Puritans  were.  Na- 
ture in  Virginia  held  forth  many  inducements  for  the  set- 
tlers to  live  apart,  so  that  nearly  all  their  attempts  to  form 
cities  and  towns  failed.  The  cultivation  of  tobacco,  of 
course,  explains  this  to  a  large  extent.  The  fertile  soil 
and  the  ease  of  raising  this  product  led  to  the  formation 
of  large  plantations.  The  broad  rivers  made  progress  into 
the  interior  remarkably  easy,  while  the  necessity  for  towns 
as  shipping  ports  was  almost  completely  obviated  by  the 
use  of  private  wharves  at  the  various  plantations.  The 
rich  planters  dominated  the  social  and  political  life  of  the 
colony,  and  local  government  fell  under  their  control. 

The  Importance  of  the  County.  —  Now,  of  the  various 
local  organizations  to  which  the  Virginians  had  been  accus- 
tomed in  England,  the  one  best  adapted  to  their  condition 
in  the  colony  was  the  county.  So  they  copied  the  English 
county  and  made  it  their  chief  organ  of  local  government. 
The  principal  governing  body  was  the  county  court,  com- 
posed of  justices  appointed  at  first  by  the  governor  of  the 
colony.  The  court  had  both  legislative  and  judicial  func- 
tions. It  managed  such  matters  as  roads,  licenses,  and  taxa- 
tion ;  it  also  tried  civil  and  criminal  cases.     Other  county 


16  LOCAL   GOVERNMENTS. 

officers  were  the  sheriff  and  the  lieutenant,  the  latter  being 
commander  of  the  militia. 

The  Parish  and  the  Vestry.  —  That  part  of  the  Virginia 
local  government  which  corresponded  to  the  New  England 
town  was  the  parish;  but  it  is  apparent  that  few  functions 
remained  to  be  exercised  in  this,  their  smallest  political 
organization.  The  counties  were  generally  composed  of 
several  parishes.  The  governing  body  of  each  was  the 
vestry ;  it  had  charge  of  church  affairs  and  of  poor  relief. 
The  members  of  the  vestry  and  also  the  justices  of  the 
county  court  were  not  elected  periodically  by  the  people, 
as  the  town  officers  were  in  New  England.  On  the  con- 
trary, both  the  vestry  and  the  county  court  filled  vacancies 
in  their  own  number,  without  popular  election. 

This  fact  serves  to  illustrate  the  general  truth  that  local 
government  was  democratic  in  New  England  and  aristo- 
cratic in  Virginia ;  in  the  former  colony  the  mass  of  voters 
participated  most  actively  in  local  government,  while  in  the 
latter  a  few  men  constituted  the  ruling  class.  This  does 
not  mean  that  local  affairs  in  Virginia  were  badly  managed, 
for  the  leading  men  were  on  the  whole  intelligent  and  pub- 
lic spirited ;  and  in  the  years  of  the  Revolution  they  were 
among  the  foremost  in  the  defence  of  American  liberties. 
In  New  England,  however,  it  was  noticeable  that  the  mass 
of  voters  were  intelligent  and  understood  the  practical 
management  of  political  affairs  —  a  result  which  doubtless 
came  largely  from  their  training  in  the  town  meeting. 

The  Three  Types  of  Local  Organization.  —  We  have  now 
seen  that  in  New  England  the  town  had  the  most  impor- 


THE   ORIGIN    OF   LOCAL   GOVERNMENTS.  17 

tant  functions  of  local  government,  and  this  is  called, 
therefore,  the  town  type;  while  in  Virginia  the  county 
absorbed  the  greater  share  of  governing  powers,  and  there 
we  find  the  county  type.  Virginia  influenced  the  colonies 
that  lay  south  of  her,  so  that  the  county  type  prevailed 
also  in  the  Carolinas  and  Georgia.  In  the  middle  colo- 
nies there  existed  both  counties  and  towns,  and  here  there 
was  a  much  more  equal  division  of  powers  between  these 
organizations.  Hence  we  call  theirs  the  mixed  or  town- 
ship-county  type  of  local  government. 

Local  Government  in  the  West.  —  The  people  who  mi- 
grated to  the  new  States  west  of  the  Alleghanies  carried 
with  them  the  forms  of  local  government  which  have  just 
been  described  as  growing  up  in  the  colonies.  This  state- 
ment needs  some  modification,  for  nowhere  in  the  West 
was  the  pure  town  type  adopted.  Everywhere  in  the 
North  we  find  the  mixed  type,  while  the  Southern  States 
have,  in  general,  the  county  type.  In  the  latter  the 
county  commissioners,  elected  at  large  or  from  precincts, 
together  with  other  county  officers,  exercise  most  of  the 
local  powers  of  government. 

Two  Forms  in  the  North.  —  In  the  greater  number  of 
the  States  that  have  the  mixed  type,  the  county  is  gov- 
erned by  a  board  of  commissioners  elected  by  either  of 
the  methods  just  mentioned  as  prevailing  in  the  South. 
In  a  few  States  (such  as  Michigan,  Illinois,  and  Wiscon- 
sin), the  county  board  is  composed  of  supervisors,  who 
represent  the  towns,  villages,  and  wards  of  the  county. 
Here  we  find  the  town  meeting,  copied  after  that  of  New 


1 8  LOCAL   GOVERNMENTS. 

England  or  New  York,  and  the  town  government  has 
more  functions  than  in  those  States  where  commissioners 
compose  the  town  board. 

Local  Self-government.  —  Such  is  the  way  in  which  local 
government  has  come  about  in  the  various  States  of  the 
Union.  Rooted  in  the  systems  that  Englishmen  have 
developed  through  the  centuries,  adapted  to  the  new  life 
and  the  peculiar  conditions  of  the  colonial  period,  it  has 
spread  with  the  population  throughout  the  land.  The 
different  practices  of  the  States  testify  to  the  way  in  which 
habits  persist  in  government,  as  in  other  phases  of  life. 
The  management  of  local  affairs  by  the  people  and  their 
chosen  representatives  is  a  sound  principle  of  government 
which  holds  a  firm  place  in  every  part  of  our  country. 

SUPPLEMENTARY   QUESTIONS   AND   REFERENCES. 

i.    Which  type  of  local  government  exists  in  your  State  ?     Can  you 
account  for  its  origin  ? 

2.  Is  the  system  of  local  government  uniform  throughout  your  State  ? 

If  so,  why  is  this  true  ?  If  not,  can  you  account  for  the  lack 
of  uniformity? 

3.  The  following  references  are  useful  in  studying  the  history  of  locai 

government:  Thwaites,  The  Colonies,  55-58;  Fisher,  The  Colo- 
nial Era,  60,  99,  167;  Channing,  The  United  States  of  America, 
37-38;  Hart,  Formation  of  the  Union,  n-13;  Bryce,  The 
American  Commonwealth,  Vol.  I,  561-565  (589-593) ;  Bancroft, 
History  of  the  United  States,  Vol.  I,  285-286,  449;  Ashley,  The 
American  Federal  State,  390-396. 

4.  Which  is  the  best  type  of  local  government  ?     Is  it  becoming  more 

common?     Bryce,  Vol.  I,  591-592  (621). 


CHAPTER  IV. 
THE  GOVERNMENT  OF  CITIES. 

The  General  Plan  of  City  Government.  —  The  general 
framework  of  city  government  is  not  very  different  from 
that  of  the  other  governmental  divisions.  There  are  the 
legislative,  executive,  and  judicial  departments,  whose 
organization  and  functions  are  stated  in  the  charter,  or 
fundamental  law  of  the  city.  The  city  legislature  is  the 
council  or  board  of  aldermen.  In  most  cases  this  body  is  a 
single  house,  though  in  some  cities  there  are  two  houses. 
The  members  are  elected  from  the  wards  into  which  the 
city  is  divided.  The  council  may  pass  ordinances  for  the 
government  of  the  city,  but  it  is  limited  in  the  extent  of  its 
powers  by  the  terms  of  the  city  charter. 

City  Charters  granted  by  Legislatures.  —  The  source  of 
the  charter  is  the  State  legislature.  In  most  States  the 
constitution  provides  that  the  legislature  shall  pass  general 
lazes  prescribing  the  framework  of  all  cities,  or  of  the 
classes  into  which  the  cities  of  a  State  may  be  divided, 
according  to  their  population.  These  laws  also  contain 
regulations  that  are  safeguards  against  the  abuses  of 
municipal  government,  such  as  excessive  taxation  and 
the  accumulation  of  debts.  The  requirement  of  general 
laws   secures  uniformity  in  the  essential  features  of  city 

19 


20  LOCAL   GOVERNMENTS. 

government,  and  it  prevents  the  practice,  which  is  other- 
wise liable  to  prevail,  of  constant  interference  by  State 
legislatures,  in  the  affairs  of  certain  cities.  Such  special 
laws  should  be  enacted  with  great  caution,  if  at  all,  for 
when  a  legislature  regulates  the  affairs  of  a  particular  city, 
it  too  often  does  so  at  the  request  of  persons  or  corpora- 
tions having  advantages  to  gain  at  the  expense  of  the 
public.1 

The  Mayor.  —  The  chief  executive  of  the  city  is  the 
mayor.  He  is  the  head  of  the  police  department  and  has 
more  or  less  authority  over  the  other  administrative  depart- 
ments to  be  discussed  later  in  this  chapter.  In  the  cases 
of  both  mayor  and  aldermen,  the  facts  concerning  their 
terms,  salaries,  and  other  details  vary  so  greatly  in  differ- 
ent cities  that  no  general  description  is  possible. 

The  city  judiciary  includes  the  ordinary  State  courts  and 
also  special  or  municipal  courts  of  various  degrees. 

Other  City  Officials.  —  Besides  the  officers  enumerated, 
every  city  has  its  clerk,  treasurer,  attorney,  and  assessors. 
The  auditor,  or  comptroller,  is  an  important  official  who 
controls  city  finances. 

Administrative  Departments.  —  The  greatest  difficulties 
of  city  government  arise  in  connection  with  the  numerous 
administrative  departments;  these  are  quite  complex  in 
their  operation.  In  large  cities  the  number  of  officials 
and  the  variety  of  their  duties  render  it  almost  impossible 

1  In  somfc  Stttet  rhere  the  constitutions  require  general  laws  applying  to 
classes  of  cities,  single  cVies  have  been  put  in  classes  by  themselves  ;  so  the 
legislature  has  virtually  governed  them  by  special  laws.  This  practice  has 
been  declared  illegal  in  Ohio. 


THE   GOVERNMENT   OF   CITIES.  2  1 

for  the  average  citizen  to  inform  himself  concerning  these 
affairs  ;  consequently,  opportunities  for  fraud  and  misman- 
agement occur  frequently. 

Why,  it  may  be  asked,  is  such  complex  machinery  neces- 
sary in  municipal  government  ?  It  is  because  social  and 
industrial  conditions  (that  is,  the  circumstances  under  which 
men  live  and  work)  are  quite  different  from  those  that  pre- 
vail in  towns  and  villages ;  and  city  government  must  be 
adapted  to  these  conditions. 

Conditions  peculiar  to  City  Life.  —  Let  us  notice  some  of 
the  ways  in  which  this  is  true,  (i)  The  mere  fact  that 
population  is  dense  increases  the  possibility  that  a  citizen 
may  interfere  with  the  rights  of  his  neighbors,  even  in  the 
conduct  of  legitimate  business.  (2)  There  is  greater  lia- 
bility that  public  health  and  safety  may  be  endangered, 
both  in  the  homes  and  in  the  industrial  establishments  of 
cities,  than  in  less  densely  settled  communities.  (3)  The 
opportunities  for  evil-doing  and  for  concealment  that  exist 
in  cities  draw  to  them  a  larger  proportion  of  the  vicious 
classes  who  need  control  and  suppression.  (4)  Finally,  in 
cities  it  is  less  easy  than  in  the  country  for  each  family  to 
supply  itself  with  certain  conveniences,  such  as  water, 
light,  and  transportation ;  consequently,  the  government 
must  regulate  to  some  extent  the  supply  of  these  neces- 
sities. 

These  are  some  of  the  conditions  that  are  peculiar  to 
city  life ;  and  we  find  here  the  reasons  why  the  govern- 
ment in  a  city  must  undertake  a  large  number  of  functions. 
At  every  point  the  safety  of  the  citizen  and  his  property 
must  be  guarded ;   and  in  a  great  many  ways  the  conven- 


22  LOCAL    GOVERNMENTS. 

iences  of  life  must  be  supplied  by  the  city  or  under  the 
control  of  city  officials.  Thus  we  account  for  the  fact  that 
city  government  is  complex  —  the  principal  source  of  the 
difficulties  and  the  evils  that  we  find  in  connection  with 
administrative  departments. 

Fire  and  Police  Departments.  —  The  number  and  the 
organization  of  administrative  departments  vary  consider- 
ably in  different  cities.  Everywhere  we  find  the  police, 
fire,  and  health  departments.  Fire  departments  are,  as  a 
rule,  very  efficient ;  for  the  citizens  will  not  tolerate  laxness 
in  the  protection  of  their  property.  The  efficiency  of 
police  departments  varies  greatly  in  different  cities.  When 
the  selection  of  police  officers  is  on  a  political  basis,  the 
standards  are  apt  to  be  low,  and  the  way  is  opened  for 
police  connivance  with  the  violators  of  the  law.  Instances 
have  been  known  where  policemen  received,  regularly, 
money  payments  from  law-breakers  for  immunity  from 
arrest.  The  detection  of  this  form  of  corruption  is  diffi- 
cult ;  nevertheless  its  continuance  in  a  flagrant  form  is 
evidence  of  public  apathy.  In  other  cities,  on  the  other 
hand,  the  police  force  is  maintained  upon  a  high  standard. 
Sometimes  civil  service  reform  methods  are  used  in  the 
selection  of  policemen ;  the  passing  of  an  examination  is 
necessary  for  appointment.  This,  with  a  fair  system  of 
promotions,  should  render  a  police  force  more  like  a  mili- 
tary organization  in  its  relation  to  the  enforcement  of  law. 

The  Health  Department.  —  The  department  of  public 
health  has  duties  that  are  of  vital  importance.  Sewerage 
systems,  sanitation,  and  the   water-supply   are   the   chief 


THE   GOVERNMENT   OF   CITIES.  23 

objects  of  its  inspection.  Health  officers  also  have  powers 
which  enable  them  to  detect  and  prohibit  the  sale  of  im- 
pure foods.  The  milk-supply  should  receive  its  particular 
attention,  for  the  purity  of  this  product  is  an  important 
matter.  The  enforcement  of  strict  health  regulations  in 
the  crowded  tenement  districts  of  large  cities  is  very 
difficult ;  but  the  neglect  of  these  matters  by  city  officials 
is  nothing  less  than  criminal. 

The  Department  of  Streets.  —  This  department,  which  has 
in  charge  the  construction  of  streets  and  pavements,  affects 
the  convenience  of  every  citizen.  Here  vast  sums  of 
money  are  expended,  sometimes  wisely,  and  sometimes 
under  the  supervision  of  officials  who  are  deficient  in 
the  technical  knowledge  required  by  this  kind  of  work. 
Opportunity  for  dishonest  handling  of  public  money  may 
be  found  in  the  letting  of  contracts  and  in  the  purchase 
of  supplies.  Street  cleaning  has  received  comparatively 
little  attention  in  American  cities.  In  this  respect  we 
are  far  behind  many  European  cities.  This  is  because 
the  relation  of  clean  streets  to  public  health,  and  to  civic 
beauty,  is  not  fully  appreciated  by  the  average  citizen  of 
our  country. 

Public  Charities.  —  The  administration  of  public  chari- 
ties is  everywhere  a  difficult  matter,  and,  naturally,  its 
difficulty  is  greatest  in  large  cities,  where  we  find  the 
greatest  number  of  those  who  seek  relief.  Two  problems 
confront  the  department  of  public  charities:  (1)  How  can 
it  distinguish  between  those  who  actually  need  assistance 
and  those  who  do  not?  (2)  How  can  it  help  those  who 
need  assistance  temporarily,  without  weakening  their  de- 


24  LOCAL   GOVERNMENTS. 

sire  to  become  self-supporting  ?  The  same  problems  must 
be  solved  by  the  citizen  in  connection  with  his  private 
charities.  In  general,  it  may  be  said  that  charity  is  most 
judiciously  dispensed  by  private  organizations,  in  charge 
of  trained  workers,  who  can  investigate  all  cases  of  appli- 
cation for  aid. 

The  Public  Schools.  —  Public  education  is  another  de- 
partment of  municipal  activity.1  The  expenditure  of  public 
money  for  this  purpose  is  not  stinted.  The  scope  of 
our  educational  institutions  is  constantly  being  enlarged ; 
courses  in  commerce,  manual  training,  and  domestic 
science  are  intended  to  strengthen  the  practical  side  of 
the  curriculum.  In  some  cities  special  schools  are  main- 
tained for  the  defective  classes  and  for  truants. 

Libraries,  Parks,  and  Playgrounds.  —  The  educational 
advantages  furnished  by  the  city  are  not  for  the  children 
alone.  Public  libraries  and  museums  serve  adults  as  well. 
Recreation  is  provided  by  means  of  parks,  public  play- 
grounds, and  open-air  gymnasiums.  These  will  become 
more  common  when  their  educational  influence  is  more 
fully  appreciated. 

Committees  or  Boards.  —  The  important  questions  that 
arise  in  connection  with  administrative  departments  are, 
how  shall  they  be  organized  ?  and  how  shall  the  officers  who 
control  them  be  appointed  ?  Two  general  methods  prevail : 
(i)  In  the  smaller  cities  the  members  of  the  council  are 
grouped  into  committees,  which  have  charge  of  the  various 
administrative  departments.     In  large  cities  there  are  boards 

1  This  subject  is  also  treated  in  the  chapter  on  Public  School  Systems. 


THE   GOVERNMENT   OF   CITIES.  2$ 

or  commissioners,  distinct  from  the  council,  and  these  may 
be  composed  of  salaried  officers.  In  either  case  the  board 
may  employ  a  superintendent  to  take  charge  of  the  work 
under  its  jurisdiction.  The  principal  criticism  which  can 
be  offered  against  this  method  of  managing  administrative 
departments  is  that  responsibility  cannot  be  definitely  lo- 
cated. No  single  member  of  a  board  or  commission  will 
assume  responsibility  for  mismanagement ;  and  when  re- 
sponsibility is  divided  among  several  persons,  none  of  them 
feels  it  very  strongly. 

(2)  Single  Heads  of  Departments.  — As  a  remedy  for  this 
defect,  administrative  departments  in  some  cities  are  placed 
under  the  control  of  single  officers.  These  are  given  au- 
thority to  appoint  their  subordinates,  and  they  are  held 
strictly  accountable  for  the  management  of  the  depart- 
ment. Responsibility  is  further  concentrated  in  some  cities 
by  giving  the  mayor  power  to  appoint  these  heads  of 
departments. 

Qualifications  of  City  Officers.  —  Grave  questions  are  in- 
volved in  these  matters  of  organization,  but  the  efficiency 
of  city  government  depends  in  the  greatest  measure  upon 
the  character  of  the  officers  who  are  placed  in  power.  We 
need  to  recognize  the  importance,  in  city  affairs  as  in  pri- 
vate business,  of  securing  officials  who  are  qualified  bv 
training  and  by  successful  experience  to  serve  the  public. 
Economy  and  honesty  in  municipal  government  cannot  be 
expected  when  politics  alone  determines  appointments  to 
office.  The  establishment  of  civil  service  examination  sys- 
tems in  certain  cities  l  is  a  step  in  the  right  direction. 

7  Some  of  these  are  New  York,  Chicago,  and  Milwaukee. 


26  LOCAL   GOVERNMENTS. 

Public  Utilities.  —  Besides  the  administrative  depart- 
ments already  enumerated,  we  have  in  large  cities  those 
which  control  the  supply  of  water,  light,  and  transportation 
facilities.  The  industries  furnishing  these  necessities  may 
belong  to  the  city,  but  in  most  cases  they  are  owned  by 
individuals  and  corporations.1  Even  then  they  should  be 
subject  to  strict  regulation  by  the  city,  for  several  reasons : 
( i )  These  industries  make  use  of  public  streets.  The  right 
to  do  this  is  granted  by  the  council  in  a.  franchise.  (2)  The 
product  that  is  supplied  being  in  each  case  a  necessity,  it 
is  the  duty  of  the  city  government  to  protect  the  citizens 
from  any  abuse  or  inconvenience  that  may  arise  in  con- 
nection with  it.  (3)  In  nearly  every  case  the  industries 
in  question  are  monopolies ;  i.e.  competition  between  rival 
plants  is  not  possible.  For  this  reason  the  public  may 
suffer  either  from  high  rates  or  from  imperfect  service. 

The  Granting  of  Franchises.  —  The  control  of  public  ser- 
vice corporations,  as  those  are  called  which  supply  water, 
light,  and  transportation,  may  be  secured  in  several  ways : 
(1)  Franchises  should  be  granted  for  terms  not  longer  than 
twenty  years.  The  profits  of  these  industries  increase  very 
rapidly  with  the  growth  of  population  ;  consequently,  it 
should  be  possible  to  compel  the  reduction  of  rates  and 
the  enforcement  of  other  conditions  favorable  to  the  pub- 
lic, at  the  end  of  a  short  term  of  years.  (2)  Adequate 
means  should  be  provided  for  enforcing  the  terms  of 
franchises.  Neglect  of  this  makes  possible  serious  abuses. 
(3)  The  accounts  of  the  corporations  that  have  franchises 

1  On  this  topic,  see  "  Government  in  State  and  Nation,"  pp.  36-39. 


THE   GOVERNMENT   OF   CITIES.  27 

should  be   made   public,   so    that  the    people    may    know 
whether  the  profits  are  excessive. 

The  Question  of  Municipal  Ownership.  —  The  opinion  is 
gaining  ground  that  no  amount  of  municipal  control  will 
eliminate  the  evils  of  private  ownership  in  these  industries. 
Since  they  are  "  natural  monopolies,"  it  is  argued  they 
should  be  operated  by  the  city  government.  This  opinion 
is  seen  to  have  great  weight  when  we  consider  the  cor- 
ruption and  the  lack  of  attention  to  the  public  welfare  that 
accompany  the  granting  of  franchises  to  corporations.  The 
bribery  of  aldermen  and  the  granting  of  valuable  privileges 
without  compensation  are  frequent  occurrences.  On  the 
other  hand,  the  facts  that  venal  officers  are  elected  in  our 
cities,  and  that  they  ignore  public  interests  with  impunity, 
raise  a  very  serious  question  whether  they  should  be  in- 
trusted with  the  management  of  great  industries,  such  as 
water  and  lighting  plants  and  street-car  systems. 

Reasons  for  Poor  City  Government.  —  Other  arguments 
may  be  made  on  both  sides  of  this  question  of  municipal 
ownership ;  but  there  are  fundamental  reasons  why  the  cities 
of  the  United  States  are,  on  the  whole,  poorly  governed, 
which  must  receive  consideration  before  this  question  can 
be  settled.  The  conditions  accounting  for  the  evils  of 
municipal  government  may  be  briefly  stated  as  follows  : 
(1)  City  governments  are  necessarily  complex,  and,  in  their 
administrative  departments  especially,  a  multitude  of  de- 
tails must  receive  attention.  Citizens  find  it  difficult  to 
understand  these  transactions  and  even  more  difficult  to 
follow  them  closely.      (2)  City  governments  must  spend 


28  LOCAL   GOVERNMENTS. 

vast  sums  of  money,1  and  this  fact  constitutes  a  standing 
temptation  to  dishonest  men,  both  in  and  out  of  office. 
(3)  The  rapidity  with  which  cities  have  grown  has  in- 
creased the  difficulty  of  their  problems.2  (4)  Individuals 
and  corporations  have  found  it  necessary  to  secure  fran- 
chises from  cities  for  the  operation  of  important  industries ; 
this  has  opened  many  opportunities  for  corruption  in  city 
affairs.  (5)  The  presence  of  large  numbers  of  foreigners3 
who  are  ignorant  of  governmental  affairs  has  enabled  cor- 
rupt politicians  to  exert  undue  influence  upon  the  voters  in 
city  elections. 

The  Reform  of  Municipal  Governments.  —  Having  re- 
viewed the  principal  causes  for  the  evils  of  municipal  gov- 
ernment, let  us  now  consider  some  of  the  conditions  that 
are  necessary  for  bringing  about  reforms. 

(1)  National  politics  should  be  entirely  divorced  from 
city  affairs.  It  may  be  impossible  to  prevent  the  nomina- 
tion of  candidates  by  the  regular  political  parties ;  but 
within  each  party  local  issues,  not  national,  should  deter- 
mine the  selection  of  candidates.  At  the  polls,  the  voter 
should  cast  his  ballot  independent  of  party  considerations. 

(2)  Public  interest  in  municipal  affairs  and  the  existence 
of  a  strong  civic  pride  are  conditions  that  are  essential  to 
the  election  of  good  officers  and  to  the  purity  of  city  gov- 
ernment. 

(3)  Fundamental  to  the  establishment  of  better  munici- 

1  Statistics  of  expenditures  of  New  York,  London,  Paris,  and  Philadelphia 
are  given  in  "  Government  in  State  and  Nation,"  p.  33. 

2  Yet  European  cities  have  grown  with  almost  equal  rapidity  and  are,  on 
the  whole,  well  governed.     See  ibid.,  p.  43. 

3  See  statistics  of  foreign  population  in  American  cities,  ibid.,  p.  40. 


THE   GOVERNMENT   OF   CITIES.  29 

pal  governments  is  the  recognition  by  every  citizen  of  his 
responsibility,  not  only  on  election  day,  but  on  every  occa- 
sion when  his  influence  can  be  exerted  for  the  detection 
of  wrong,  the  punishment  of  corrupt  officials,  and  the 
encouragement  of  better  things  in  all  departments  of  city 
life.  This  means  unselfishness  in  one's  attitude  toward 
the  public  welfare ;  it  means  willingness  to  sacrifice  time 
and  effort  in  the  public  service.  The  example  set  by  many 
eminent  persons  who  have  devoted  themselves  unselfishly 
to  the  accomplishment  of  reforms  in  our  great  cities  may 
well  be  imitated  by  every  citizen  in  the  smaller  affairs 
of  his  city  or  his  ward.  And  the  younger  generation  of 
citizens,  who  are  yet  students  in  the  public  schools,  may 
exert  no  little  influence  toward  the  betterment  of  the  city ; 
and  they  may  aid  in  the  formation  of  that  better  public 
sentiment  without  which  no  improvement  in  our  standards 
of  municipal  government  is  possible. 

SUPPLEMENTARY    QUESTIONS. 

Outline  for  the  study  of  your  city  government. 

1.  Was  the  city  organized  under  a  general  law  of  the  State,  or  was  it 

granted  a  special  charter?  Does  the  legislature  enact  special 
laws  for  the  city  ? 

2.  The  mayor  :  term,  salary.    What  are  his  principal  powers?    Should 

his  responsibility  be  increased  ? 

3.  The  council  or  board  of  aldermen :    number  of  members,  term  of 

office,  manner  of  election,  compensation  ? 

4.  The  municipal  courts  and  judges. 

5.  Administrative  departments :  make  a  complete  list  of  these.     Are 

they  controlled  by  boards  or  by  single  officers  ?  How  do  the 
officers  obtain  their  positions  ?  Are  they  paid  salaries  ?  Of  what 
business  does  each  have  charge  ? 

6.  How  are  the  water,  lighting,  and  street-car  plants  managed  ?     Do 


30  LOCAL  GOVERNMENTS. 

you  believe  in  the  municipal  ownership  of  any  of  them?  Give 
reasons  for  your  opinion. 

7.  How  do  police  officers  receive  appointment  ?     If  an  officer  fails  to 

enforce  an  ordinance,  what  course  would  you  take  to  secure  its 
enforcement? 

8.  Are  party  lines  closely  adhered  to  by  voters  in  city  elections  ?     Are 

independent  party  organizations  formed?     Are  they  successful? 

9.  What  can  you  learn  of  reform  movements  that  have  taken  place  in 

your  city's  history  ?  Give  the  causes  for  the  success  or  failure 
of  these. 

10.  What  is  the  cost  of  your  city  government  per  annum  ?      Is  it 

economically  administered  ?  What  are  the  principal  items 
of  expense  ?  Has  the  city  other  sources  of  revenue  besides 
taxation  ? 

1 1.  What  are  the  excellent  features  of  your  city's  government  ?     What 

are  its  faults  ?     How  may  the  latter  be  corrected  ? 

12.  Mention  some  ways  in  which   students  can   assist   in   bringing 

about  better  conditions  in  your  city. 

REFERENCES. 

1.  What  are  the  general  causes  of  bad  city  government  in  the  United 

States?     Bryce,  Vol.  I,  608-614  (637-644). 

2.  What  reform  measures  have  been  suggested?  Bryce,  Vol.  I,  614- 

619  (644-649). 

3.  National  politics  in  local  affairs,  Holt,  Talks  on  Civics,  360-366. 

4.  General  accounts  of  city  government,  Bryce,  Vol.  I,  Chapters  50 

and  52;   Ashley,  The  American  Federal  State,  Chapter  21. 

5.  Among  the  most  useful  books  on  municipal  government  are  Conk- 

ling,  City  Government  in  the  United  States  ;  Wilcox,  The  Study 
of  City  Government  ;  and  Devlin,  Municipal  Reform  in  the 
United  States. 

6.  Problems  of  Municipal  Government,  N.  Am.  Rev.,  172:751-763; 

Arena,  24  :  589-593.  Responsibility  in  City  Government,  Forum, 
28:469-481  ;  Arena,  27:  39-46.  Council  and  Mayor,  Atl.  Mo.. 
88:391-397.  Municipal  Situation  in  Ohio,  Forum,  33  :  430-437. 
Charter  Needs  of  Great  Cities,  N.  Am.  Rev.,  170 :  850-856.  The 
Poor  in  Cities,  N.  Eng.  Mag.,  25  :  63-73.  Municipal  Art,  Harper's 
Mag.,  100  :  655-666.     Public  Untidiness,  Forum,  33  :  322-332. 


THE   GOVERNMENT   OF   CITIES.  31 

7.  Municipal  Ownership,  N.  Am.  Rev.,  172:445-455  ;   Arena,  25:  198- 

209;  Forum,  32:201-216;  Atl.  Mo.,  88:463-482;  Cen.  Mag., 
60:311-312;  Outlook,  66:502-508;  70:726-727;  Rev.  of  R's, 
23 :  468-470. 

8.  Reform   of  City  Governments,   Atl.   Mo.,   87:583-587;   Arena,    27: 

174-178.  Chicago,  Nation,  70  :  411-412  ;  Rev.  of  R's,  21  :  736-737. 
The  Chicago  Voters'  League,  Outlook,  71  :  495-498. 


PART    II. 
THE    NATIONAL    GOVERNMENT. 

CHAPTER  V. 

EVENTS   LEADING  TO  THE  FORMATION  OF  THE   UNION. 

Colonial  Relations.  —  Why  was  union  so  long  delayed  ? 
How  was  it  finally  accomplished  ?  These  are  always  ques- 
tions of  great  interest  to  the  student  of  American  govern- 
ment. We  note  the  general  indifference  toward  union 
among  the  colonies  before  the  Revolutionary  War.  This 
may  be  partially  accounted  for  by  the  fact  that  each 
colony  had  its  own  separate  government,  and  was  jealous 
of  all  outside  interference.  Lack  of  good  roads  and 
methods  of  travel  made  extensive  communication  be- 
tween the  scattered  settlements  difficult.  Prejudice  against 
strangers,  and  especially  those  of  a  different  religious 
belief,  was  common.  Bonds  of  sympathy,  however,  be- 
tween the  citizens  of  different  colonies  were  not  wholly 
lacking.  Their  language  and  customs  were  mainly  Eng- 
lish. Their  chief  desire  was  to  develop  a  government 
according  to  their  own  plans.  Common  interests  were  at 
times  created  because  of  the  necessity  for  providing  pro- 
tection against  their  Indian,  French,  and  Dutch  foes.     In 

32 


EVENTS   LEADING   TO   FORMATION   OF   UNION.       33 

general,  we  may  say,  Confederation  was  early  brought 
about  through  need  for  defense,  but  union  has  been  the 
result  of  two  centuries  and  a  half  of  growth. 

Union  of  the  New  England  Colonies,  1643.  —  A  notable 
attempt  was  made  to  form  a  confederation  among  the 
colonies  in  1643.  It  is  known  as  the  New  England 
Confederation,  and  included  Massachusetts  Bay,  New 
Plymouth,  Connecticut,  and  New  Haven  colonies.  Their 
united  energies  were  necessary  to  furnish  protection  against 
dangers  from  the  Indians.  The  Dutch  and  French  also 
tended  constantly  to  encroach  upon  their  rights.  The 
governing  body  of  this  confederation  was  a  board  of 
commissioners.  In  the  annual  meetings  of  the  commis- 
sioners, two  being  sent  from  each  colony,  questions  of 
war,  relations  with  the  Indians,  and  other  matters  of 
mutual  interest  were  discussed.  But  this  central  govern- 
ment possessed  advisory  powers  only.  The  colonies  were 
to  provide  for  their  own  local  government.  The  confed- 
eration became  constantly  weaker,  and  was  finally  dis- 
solved in  1684.  Seventy  years  were  to  elapse  before  the 
call  was  sent  out  for  a  meeting  of  delegates  from  all  the 
colonies  at  Albany,  but  the  influence  of  the  New  England 
Confederacy  was  felt,  no  doubt,  during  that  period. 

The  Albany  Congress.  1754.  —  Open  hostilities  with  their 
enemies  became  more  and  more  frequent.  From  the  out- 
break of  King  William's  War,  in  1689,  to  1754,  the  date 
of  the  Albany  Congress,  there  were  at  least  a  dozen  inter- 
colonial conferences  called  to  consider  means  for  the 
common  defense.  Plans  for  union  were  also  prepared. 
The  most  interesting  is  that  of  William  Penn.     In  it,  the 

D 


34  THE   NATIONAL  GOVERNMENT. 

word  "  Congress  "  is  used  for  the  first  time  in  connection 
with  American  affairs.  As  the  final  struggle  with  France 
for  the  possession  of  America  was  about  to  begin,  a  "  Con- 
gress "  of  twenty-five  of  the  leading  men  from  seven  differ- 
ent colonies  met  at  Albany.  They  were  called,  primarily, 
for  the  purpose  of  making  a  treaty  with  the  Iroquois 
Indians.  This  object  secured,  the  resolution  was  then 
unanimously  adopted  that,  "  A  union  of  all  the  colonies  is 
at  present  absolutely  necessary  for  security  and  defense." 
Franklin's  famous  plan  providing  for  a  permanent  federa- 
tion of  all  the  colonies  was  also  adopted.  When  submitted 
to  the  colonies,  it  failed  to  receive  the  ratification  of  a 
single  one.  Nor  was  it  acceptable  to  the  English  govern- 
ment. Said  Franklin,  "  The  assemblies  all  thought  there 
was  too  much  prerogative,  and  in  England  it  was  thought 
to  have  too  much  of  the  democratic." 

The  Stamp  Act  Congress,  1765.  —  After  the  passing  of 
the  stamp  act  by  the  English  government,  the  Massachu- 
setts house  of  representatives  invited  the  other  colonial 
assemblies  to  send  delegations  to  a  general  congress.  Nine 
colonies  responded  by  sending  twenty-eight  men  to  the 
congress  in  New  York  City,  October  7,  1765.1  During  the 
session  of  two  weeks,  these  delegates  drafted  petitions  to 
the  English  government  and  declared  that  the  rights  of  the 
colonists  were  the  same  as  those  of  the  natural-born  sub- 
jects of  England.  It  is  noteworthy  that  representatives 
had  again  assembled  on  the  motion  of  the  colonists  them- 
selves.     The  growth  of   common  interests  was  well  ex- 

1  Virginia,  New  Hampshire,  Georgia,  and  North  Carolina  sympathized  with 
the  movement,  but  did  not  send  delegates. 


EVENTS   LEADING   TO    FORMATION   OP'   UNION.        35 

pressed  by  Christopher  Gadsden  of  South  Carolina,  when 
he  said  :  "  There  ought  to  be  no  New  England  man,  no 
New  Yorker,  known  on  the  continent ;  but  all  of  us  Amer- 
icans." 

Committees  of  Correspondence.  —  Nine  years  were  to  go 
by  before  the  meeting  of  another  congress,  but  the  colo- 
nists were  prepared  for  a  united  effort  at  the  end  of  this 
period.  No  sooner  were  the  contents  of  the  Townshend 
acts  of  1767  known,  than  Massachusetts  issued  a  circular" 
letter  to  the  other  colonies,  asking  for  combined  action 
against  all  such  unconstitutional  measures.  The  other 
colonial  assemblies  agreed  with  Massachusetts.  Another 
movement  which  made  the  Revolution  possible  was  begun 
by  Samuel  Adams.  In  November,  1772,  he  prevailed 
upon  the  Boston  town  meeting  to  appoint  a  committee 
which  should  carry  on  a  correspondence  with  committees 
organized  in  other  towns  of  that  colony.  Rights  and 
grievances  were  the  chief  subjects  for  consideration.  Other 
colonies  adopted  this  plan.  Led  by  Virginia,  the  idea  was 
carried  one  step  farther,  and  in  1773  were  formed  com- 
mittees of  correspondence  between  the  different  colonies. 
Thus,  they  were  prepared  for  united  action  in  the  First  and 
Second  Continental  Congresses. 


■»' 


The  First  Continental  Congress,  1774.  — When  the  coercive 
acts  of  1774  had  been  passed,  Massachusetts,  now  in  great- 
est need,  called  for  a  congress  of  all  the  colonies.  Delegates 
from  all,  Georgia1  excepted,  assembled  at  Philadelphia,  Sep- 
tember 5,  1774.     In  the  Declaration  of  Rights,  and  in  the 

1  Georgia  was  in  sympathy  with  this  movement. 


36  THE   NATIONAL  GOVERNMENT. 

adoption  of  the  Articles  of  Association,  they  gave  full  ex- 
pression  to  colonial  sentiment.  They  commended  the 
resistance  of  the  people  of  Massachusetts.  They  de- 
clared that  all  "  America  ought  to  support  them  in  their 
opposition,"  if  force  should  be  used  in  carrying  out  the 
measures  of  Parliament. 

The  Second  Continental  Congress,  1775. — Before  adjourn- 
ing, the  First  Continental  Congress  provided  for  the  meet- 
ing of  another  Congress,  in  May,  1775,  unless  the  causes 
for  colonial  grievances  should  be  earlier  removed  by  the 
English  government.  But  other  measures  of  repression 
were  quickly  passed,  and  before  the  Second  Continental 
Congress  met,  the  Battle  of  Lexington  had  been  fought 
and  the  American  forces  were  blockading  Boston.  This 
congress  convened  in  Philadelphia  May  10,  1775,  and  con- 
tinued in  session,  with  adjournments  from  time  to  time, 
until  May  1,  1781.  All  of  the  colonies  were  represented. 
Like  previous  congresses,  this  was,  at  first,  merely  an  ad- 
visory body,  but  necessity  compelled  it  to  act  as  a  real 
government.  It  took  control  of  military  affairs,  provided 
for  a  currency,  threw  open  American  ports  to  the  ships  of 
all  nations,  and  did  whatever  else  the  necessities  of  the 
time  seemed  to  demand.  Having  been  appealed  to  for 
advice,  this  congress  took  a  most  notable  position  in  recom- 
mending that  new  forms  of  government  should  be  estab- 
lished in  the  several  States.  By  the  year  1777,  ten  States 
had  framed  new  constitutions.  It  furthered  independence 
by  appointing  a  committee  to  draft  resolutions  based  on 
the  ideas  of  independence  then  everywhere  present.  The 
Declaration  of  Independence  was  the  result. 


EVENTS    LEADING   TO   FORMATION   OF  UNION1.        37 

The  Articles  of  Confederation.  —  Franklin  early  saw  the 
need  for  a  more  effective  government  than  that  of  a  revo- 
lutionary assembly.  On  July  21,  1775,  he  presented  to 
congress  a  plan  for  "perpetual  union."  Nearly  a  year 
elapsed  before  a  committee  was  appointed  to  prepare 
some  form  for  confederation  to  be  entered  into  between 
the  colonies.  Another  period  of  a  year  and  five  months 
was  to  go  by  before  the  report  of  this  committee  was 
adopted  by  the  Continental  Congress.  It  was  then 
submitted  to  the  State  Legislatures  for  approval.  After 
three  years  and  a  half,  on  March  1,  1781,  Maryland,  the 
last  State,  was  induced  to  ratify  the  Articles  of  Confedera- 
tion. The  adoption  of  these  Articles  is  one  of  the  most 
important  events  in  the  history  of  our  Nation.  While  the 
Articles  of  Confederation  must  always  be  regarded  as  a 
weak  instrument  of  government,  we  must  not  forget  that 
the  Continental  Congress  was  then  working  out  problems 
in  the  province  of  government  that  were  almost  wholly 
new.  The  solution,  faulty  as  it  was.  went  far  to  establish 
the  place  of  the  written  Constitution  as  a  basis  for  govern- 
ment. 

Said  John  Fiske :  "  Almost  everything  else  in  our  fundamental  in- 
stitutions was  brought  by  our  forefathers  in  a  more  or  less  highly 
developed  condition  from  England;  but  the  development  of  the  written 
Constitution,  with  the  consequent  relation  of  the  courts  to  the  law- 
making power,  has  gone  on  entirely  upon  American  soil." 

Practical  Working  of  the  Government.  —  Conditions  soon 
proved  the  Articles  unsatisfactory.  The  States  were  almost 
independent  of  the  central  government.  There  was  no 
separate  executive  power  to  enforce,  and  no  judiciary  to 
interpret    the  laws.     The   nation   was    deep  in  debt,  and 


38  THE   NATIONAL   GOVERNMENT. 

without  means  for  payment.  Paper  money  of  the  period 
was  worthless,  and  debtors  were  rebellious.  Disputes 
between  the  various  States  brought  them  to  the  verge  of 
civil  war.  Each  State  had  its  own  system  of  duties  and 
imposts,  which  led  to  great  confusion  in  commerce.  No 
important  resolution  could  be  passed  in  Congress  without 
the  votes  of  nine  States.  No  amendment  was  possible, 
except  by  the  votes  of  all  the  States.  Congress  became 
constantly  weaker  as  various  members  resigned  to  accept 
positions  under  State  authority.  In  that  most  dangerous, 
period  of  our  history,  extending  from  1783  to  1788,  aptly 
called  the  "  critical  period,"  it  became  constantly  more 
apparent  that  government  under  the  Articles  of  Confedera- 
tion was  a  failure.  Fortunately,  in  this  hour  of  gloom,, 
there  came  forward  Washington,  Hamilton,  Madison,  and 
other  leaders,  who  were  prepared,  if  need  be,  to  make 
compromises,  but  who  were  determined  to  preserve  the 
elements  of  the  union  already  secured. 

SUPPLEMENTARY  QUESTIONS  AND  REFERENCES. 

1.  How  was  the   Stamp  Act  regarded  in  the  different  colonies  as 

shown  by  the  addresses  made  and  resolutions  offered?  Hart, 
Contemporaries,  II,  395-411  ;  Tyler,  Patrick  Henry  (American 
Statesmen),  Chapters  5  and  6. 

2.  Do  you  know  of  other  instances  in  our  history  where  a  stamp  act 

has  been  passed  ?  How  was  it  regarded?  In  what  ways  was  it 
different  from  that  o."  1765  ? 

3.  What  was  the  origin  of  the  Committees  of   Correspondence  and 

how  did  they  aid  in  unification  ?  Sloane,  The  French  War  and 
the  Revolution,  161,  162;   Hart,  Formation  of  the  Union,  57. 

4.  Analyze  the  Declaration  of  Independence,  and  select  from  it  the 

causes  for  the  Revolution. 

5.  Why  was  the  adoption  of  the  Articles  of  Confederation  so  long 


EVENTS   LEADING   TO   FORMATION   OF   UNION.        39 

delayed?  Hart,  Contemporaries,  II,  539-543;  Fiske,  The  Criti- 
cal Period,  93,  95;  Walker,  The  Making  of  the  Nation,  6;  Hart, 
Formation  of  the  Union,  93-95- 

6.  Read  the  Articles  of  Confederation  (Appendix  B). 

(a)  How  was  the  Congress  composed? 

(b)  The  number  necessary  for  a  quorum  ? 
(C)    The  powers  of  Congress? 

(d>    Powers  of  the  separate  States? 

7.  Defects  of  the  Confederation.     Hart,  Contemporaries,  II,  591-603. 

8.  What  was  the  attitude  toward  union  during  the  period  1783-1788  ? 

Were  there  notable  bonds  of  union  even  at  this  time  ?  What 
other  influences  have  increased  this  sentiment?  Fiske,  Critical 
Period,  55-63;   Walker,  The  Making  of  the  Nation,  7,  8. 

9.  President  Roosevelt  said,  in  an  address  delivered  April  9.  1902,  at 

Charleston,  S.C.,  "When  four  years  ago  this  nation  was  com- 
pelled to  face  a  foreign  foe,  the  completeness  of  the  reunion  be- 
came instantly  and  strikingly  evident."  What  is  his  meaning? 
How  does  the  statement  illustrate  the  point  emphasized  in  this 
chapter,  that  a  common  danger  produces  union  ? 
10.  Describe  the  character  of  the  money  used  in  1783  and  succeeding 
years.     What  was  its  influence?     Fiske,  Critical  Period,  162-186. 


CHAPTER  VI. 
THE  CONSTITUTIONAL  CONVENTION. 

Events    Leading    to    the    Constitutional    Convention.  — 

Among  the  many  difficulties  that  arose  during  the  period 
of  the  Confederation,  were  constant  disputes  between  Vir- 
ginia and  Maryland  over  the  navigation  of  the  Potomac 
River  and  Chesapeake  Bay.  Finally,  in  March,  1785, 
commissioners  from  these  States  met  at  Alexandria  to  con- 
sider these  difficulties.  The  outcome  of  the  meeting  was 
that  Virginia  called  for  delegates  from  all  of  the  States  to 
meet  for  the  consideration  of  the  commercial  relations  of 
the  entire  country.  Delegates  from  five  States  only  were 
present  at  Annapolis  on  the  day  appointed,  September  11, 
1786.  Nothing  permanent  could  be  accomplished  with 
so  few  States  represented.  Before  adjourning,  however, 
they  agreed  to  a  resolution,  framed  by  Alexander  Hamil- 
ton, which  proposed  the  calling  of  a  convention  at  Phila- 
delphia to  amend  the  Articles  of  Confederation. 

The  Federal  Convention,  1787;  Delegates.  —  All  of  the 
States,  Rhode  Island  excepted,  were  finally  represented  in 
this,  one  of  the  most  notable  conventions  in  the  history  of 
the  world.  Among  the  fifty-five  delegates  assembled  were 
many  who  had  already  been  conspicuous  in  public  affairs. 
They  were  the  choice  men  of  the  States  from  which  they 

40 


THE   CONSTITUTIONAL   CONVENTION.  41 

came.  Twenty-nine  of  the  number  were  university  men. 
Washington  and  Franklin  were  present,  and  Washington 
was  unanimously  chosen  president  of  the  convention. 
Neither  of  these  men  took  an  active  part  in  the  debates ; 
but  their  presence  gave  inspiration  to  the  other  members, 
and  they  had  untold  influence  at  critical  times.  Among 
the  ablest  members  were  Alexander  Hamilton  of  New 
York  ;  James  Madison  of  Virginia;  Oliver  Ellsworth  and 
William  S.  Johnson  of  Connecticut ;  James  Wilson  and 
Gouverneur  Morris  of  Pennsylvania ;  Rufus  King  of  Mas- 
sachusetts ;  and  Charles  C.  Pinckney  of  South  Carolina. 

Our  Knowledge  of  the  Convention.  —  The  Convention  lasted  from 
May  25  to  September  17,  1787.  The  sessions  were  secret.  Fortu- 
nately we  are  not  dependent  on  the  Secretary"s  report  alone  for  our 
knowledge  of  the  meetings.1  Mr.  Madison  seemed  to  understand  the 
full  meaning  of  the  Convention  from  the  first,  and  decided  to  give  an 
accurate  account  of  the  proceedings.  He  wrote:  "  Nor  was  I  unaware 
of  the  value  of  such  a  contribution  to  the  fund  of  materials  for  the  his- 
tory of  a  Constitution  on  which  should  be  staked  the  happiness  of  a 
people  great  even  in  its  infancy,  and  possibly  the  cause  of  liberty 
throughout  the  world."  His  notes  were  purchased  by  the  government 
from  Mrs.  Madison  in  1837,  for  the  sum  of  thirty  thousand  dollars. 
They  were  published  as  "Madison's  Journal  of  the  Constitutional 
Convention." 

Plans  for  a  Government ;  Virginia  Plan.  — The  magnitude 
of  the  labors  of  this  Convention  can  be  understood  only 
when  we  read  the  report  of  the  discussions  as  given  by 
Madison.  It  was  at  once  determined  that  no  time  should 
be  lost  in  patching  up  the  Articles,  but  that  a  new  Con- 
stitution should  be  formed.  Two  sets  of  resolutions  were 
early  submitted,  each  setting  forth  a  plan  of  government. 

1  It  was  published  in  1819  as  a  part  of  Volume  I  of  "  Elliot's  Debates." 


42  THE   NATIONAL  GOVERNMENT. 

The  Virginia  plan  was  largely  the  work  of  Mr.  Madison. 
It  provided  for  the  establishment  of  a  national  government 
with  supreme  legislative,  executive,  and  judicial  powers. 
The  legislative  power  was  to  be  vested  in  a  Congress  ot 
two  separate  houses.  The  executive  was  to  be  chosen  by 
both  houses  of  Congress,  and  the  judiciary  by  the  Senate. 
Representation  in  both  houses  of  Congress  was  to  be  based 
on  population  or  the  contributions  to  the  support  of  the 
government.  This  scheme  was  fiercely  attacked  by  the 
delegates  from  the  small  States,  for  it  would  clearly  give 
control  into  the  hands  of  the  more  powerful  States. 

The  New  Jersey  Plan.  — The  New  Jersey  plan,  presented 
by  Mr.  Patterson  of  that  State,  was  agreed  upon  by  the 
members  from  Connecticut,  New  York,  New  Jersey,  Dela- 
ware, and  Maryland.  This  Small  State  plan,  so  called, 
provided  for  a  continuance  of  the  government  under  the 
Articles  of  Confederation.  They  were  to  be  revised  in 
such  a  manner  as  to  give  Congress  the  power  to  regulate 
commerce,  to  raise  revenue,  and  to  coerce  the  States.  The 
Small  State  party  insisted  that  the  Virginia  plan,  if  adopted, 
would  destroy  the  sovereignty  of  the  States.  They  would 
rather,  they  said,  submit  to  a  foreign  power  than  be  de- 
prived of  equality  of  suffrage  in  both  branches  of  the 
Legislature.  Madison,  Wilson,  King,  and  other  leaders  of 
the  Large  State  party  declared  that  the  basis  for  the  new 
government  was  to  be  the  people  and  not  the  States ;  that 
it  would  be  unfair  to  give  Delaware  as  many  representa- 
tives as  Virginia  or  Pennsylvania.  After  many  days  of 
fruitless  debate,  a  compromise,  sometimes  called  the  "  First 
Great  Compromise,"  was  presented   and  finally  adopted. 


THE   CONSTITUTIONAL   CONVENTION.  43 

This  provided  that  the  House  of  Representatives  should 
be  composed  of  members  elected  on  the  basis  of  popula- 
tion. In  the  Senate,  large  and  small  States  were  to  be 
equally  represented. 

The  Slavery  Problem;  Second  Compromise.  —  How  was 
the  number  of  the  representatives  to  be  found?  Were 
slaves  to  be  counted  as  a  part  of  the  population  ?  A  heated 
debate  arose  over  these  questions.  The  delegates  from 
South  Carolina  maintained  that  slaves  were  a  part  of  the 
population  and  as  such  should  be  counted.  The  answer 
was  made  that  slaves  were  not  represented  in  the  Legisla- 
tures of  that  and  other  States;  that  slaves  were  regarded 
in  those  States  merely  as  so  much  property,  and  as  such 
ought  never  to  be  represented.  Finally,  when  it  seemed 
that  the  work  of  the  Convention  must  fail,  a  compromise, 
known  as  "the  three-fifths  compromise,"  was  accepted. 
This  provided  that  five  slaves  were  to  be  counted  as  three 
free  persons. 

The  Third  Compromise.  —  Slaves  and  commerce  fur- 
nished the  basis  for  a  third  compromise.  South  Carolina 
and  Georgia  desired  to  have  the  foreign  slave-trade  contin- 
ued. Some  of  the  other  Southern  States  and  the  Northern 
States  generally  were  opposed.  The  New  England  mem- 
bers were  anxious  that  the  National  government  should 
have  complete  control  of  foreign  commerce.  This  was  re- 
sisted by  some  of  the  Southern  delegates,  who  feared  that 
the  importation  of  slaves  might  thereby  be  prohibited. 
Finally,  a  compromise  was  agreed  upon  which  gave  Con- 
gress power  over  foreign  and  interstate  commerce,  but 
forbade  any  act  which  might  prohibit  the  importation  of 


44  THE   NATIONAL  GOVERNMENT. 

slaves  before  1808.  It  was  also  agreed  that  a  tax  of  ten 
dollars  each  might  be  laid  on  all  slaves  imported.  While 
the  entire  Constitution  may  be  said  to  be  made  up  of  com- 
promises, the  agreement  upon  these  three  rendered  the 
further  work  of  the  Convention  possible. 

Signing  the  Constitution. — Gouverneur  Morris  was  se- 
lected to  give  the  document  its  final  form.  The  clear,  sim- 
ple English  used  is  due  largely  to  him.  After  thirty-nine 
members,  representing  twelve  different  states,  had  signed 
the  Constitution,  the  Convention  adjourned.  While  the 
last  signatures  were  being  written,  Franklin  said  to  those 
standing  near  him,  as  he  called  attention  to  a  sun  blazoned 
on  the  back  of  the  President's  chair :  "  I  have,  often  and 
often,  in  the  course  of  the  session,  and  the  vicissitudes  of 
my  hopes  and  fears  as  to  its  issue,  looked  at  that  behind 
the  President,  without  being  able  to  tell  whether  it  was 
rising  or  setting  ;  but  now,  at  length,  I  have  the  happiness 
to  know  that  it  is  a  rising  and  not  a  setting  sun." 

Difficulties  of  Ratification.  —  The  Convention  submitted 
the  Constitution  to  Congress.  Here,  for  eight  days,  it  was 
attacked  by  its  opponents.  Finally,  Congress  passed  it 
on  to  the  State  Legislatures,  to  be  sent  by  them  to  State 
conventions.  This  process  of  ratification  was  provided 
for  by  Article  VII  of  the  Constitution,  as  follows:  The 
ratification  of  the  conventions  of  nine  States  shall  be  sufficient 
for  the  establishment  of  this  Constitution  between  the  States 
so  ratifying  the  same." 

The  period  included  between  September  28,  1787,  when 
Congress  transmitted  the  Constitution  to  the  State  Legis- 
latures, and  June   21,   1788,  when    New   Hampshire,  the 


THE   CONSTITUTIONAL   CONVENTION.  45 

last  of  the  necessary  nine  States,  ratified,  was  one  of  the 
most  critical  in  our  history.  Political  parties,  in  a  truly 
National  sense,  were  formed  for  the  first  time.  Among 
the  leaders  who  defended  ably  the  views  of  those  who 
opposed  the  ratification  of  the  Constitution  were  Patrick 
Henry,  Richard  Henry  Lee,  Elbridge  Gerry,  and  George 
Clinton.  It  was  urged  that  there  was  no  Bill  of  Rights,1 
that  the  President  would  become  a  despot,  and  that 
equality  of  representation  in  the  Senate  was  an  injustice 
to  the  larger  States.  "  Letters  from  the  Federal  Farmer," 
prepared  for  the  press  of  the  country  by  Richard  Henry 
Lee,  set  forth  clearly  the  views  of  the  Anti-Constitutional 
party. 

"The  Federalist."  —  No  influence  was  more  noteworthy  in  bringing 
about  ratification  than  a  series  of  political  essays  afterward  collected 
under  the  name  of  "The  Federalist."  It  is  considered  to-day  the  best 
commentary  on  the  Constitution  ever  written.  Alexander  Hamilton 
originated  the  plan,  and  wrote  51  of  the  85  numbers.  James  Madison 
wrote  29,  and  John  Jay  5. 

The  Influence  of  Washington. — Washington  was  again  a  giant  in 
his  support  of  the  Constitution.  In  a  letter  to  Patrick  Henry  he  earlv 
sounded  an  effective  note  of  warning  against  anarchy,  expressing  the 
very  fear  that  finally  led  many  in  the  conventions  to  vote  for  the  Con- 
stitution.    He  wrote:    "I  wish  the  Constitution  which  is  offered  had 

lA  Bill  of  Rights,  in  which  the  idea  of  the  rights  of  man  were  set  forth, 
was  a  significant  part  of  nearly  all  the  State  constitutions.  Englishmen, 
generally,  had  been  familiar  with  the  formal  statement  of  these  principles  since 
1689,  when  William  and  Mary  accepted  the  Declaration  of  Rights  as  a  condi- 
tion of  their  receiving  the  crown  of  England.  During  the  same  year,  Parlia- 
ment gave  the  Declaration  of  Rights  the  form  of  a  statute,  under  the  name  of 
the  Bill  of  Rights.  Among  other  rights  it  demanded  that  the  king,  without  the 
sanction  of  Parliament,  should  not  raise  an  army,  secure  money,  or  suspend 
the  laws;  also,  that  the  right  of  petition,  freedom  in  the  exercise  of  religion, 
and  equality  under  the  laws  were  to  be  granted  all  subjects. 


46  THE  NATIONAL   GOVERNMENT. 

been  more  perfect;  but  it  is  the  best  that  could  be  obtained  at  this 
time,  and  a  door  is  open  for  amendments  hereafter.  The  political  con- 
-^rns  of  this  country  are  suspended  by  a  thread.  The  convention  has 
been  looked  up  to  by  the  reflecting  part  of  the  community  with  a  solici- 
tude which  is  hardly  to  be  conceived,  and  if  nothing  had  been  agreed 
upon  by  that  body,  anarchy  would  soon  have  ensued,  the  seeds  being 
deeply  sown  in  every  soil.1' 

Ratification  Secured.  —  Delaware,  the  first  State,  ratified 
December  6,  1787,  without  a  dissenting  vote.  Pennsyl- 
vania, New  Jersey,  Georgia,  and  Connecticut  followed 
quickly.  Much  depended  on  the  action  of  the  Massachu- 
setts convention.  After  prolonged  debate,  the  delegates 
were  finally  influenced  by  the  statement  that  amendments 
might  be  made,  and  they  ratified  the  Constitution  by  a 
vote  of  187  to  168.  The  ninth  State  was  secured  in  the 
ratification  by  New  Hampshire,  June  21,  1788.  It  was 
not  until  November  21,  1789,  however,  that  North  Carolina 
voted  to  accept  the  Constitution.  Rhode  Island  held  out 
until  May  29,  1790. 

The  New  Government  put  into  Operation.  —  When  the 
ratification  of  the  ninth  State  had  been  secured,  Congress 
appointed  a  special  committee  to  frame  an  act  for  putting 
the  Constitution  into  operation.  It  was  enacted  that  the 
first  Wednesday  in  January  should  be  the  day  for  appoint- 
ing electors ;  that  the  electors  should  cast  their  votes  for 
President  on  the  first  Wednesday  in  February,  and  that  on 
the  first  Wednesday  of  March  the  new  government  should 
go  into  operation.  It  was  not  until  April  1  that  a 
quorum  was  secured  in  the  House  of  Representatives,  and 
in  the  Senate  not  until  April  6.  The  electoral  votes 
were    counted   in   the   presence   of    the   two    houses   on 


THE   CONSTITUTIONAL  CONVENTION.  47 

April   6.1      The    inauguration    of    President   Washington 
did  not  take  place,  however,  until  April  30. 

Origin  of  the  Constitution.  —  Before  making  a  study  of 
this  epoch-making  document,  let  us  inquire  briefly  as  to  its 
origin.  An  analysis  of  the  Constitution  shows  that  there 
are  some  provisions  which  are  new,  and  that  English 
precedent  had  an  influence.  The  main  features,  however, 
were  derived  from  the  constitutions  of  the  States  with 
whose  practical  workings  the  delegates  were  familiar. 
The  following  well-known  statement  is  an  excellent  sum- 
mary :  "  Nearly  every  provision  of  the  Federal  Constitu- 
tion that  has  worked  well  is  one  borrowed  from  or 
suggested  by  some  State  constitution ;  nearly  every  pro- 
vision that  has  worked  badly  is  one  which  the  convention, 
for  want  of  a  precedent,  was  obliged  to  devise  for  itself." 

Authority  and  Objects  of  the  Constitution.  —  It  was  evi- 
dently the  intention  of  the  framers  of  the  Constitution  to 
found  a  government  deriving  its  authority  from  the 
people  rather  than  from  the  States.  The  purposes  for 
which  this  was  done  are  set  forth  in  the  following  enacting- 
clause,  commonly  called  the  Preamble  :  — 

"  We,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defuse,  promote  the  genera! 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Constitution  for 
the  United  States  of  America." 

1  New  York  did  not  choose  electors.     North  Carolina  and  Rhode  Is' 
as  we  have  seen,  had  Dot  ratified  the  Constitution. 


48  THE   NATIONAL   GOVERNMENT. 

This  clause  was  attacked  vigorously  by  the  opponents  of 
the  Constitution,  and  especially  in  the  Virginia  and  the 
North  Carolina  conventions.  Said  Patrick  Henry:  "And 
here  I  would  make  this  inquiry  of  those  worthy  characters 
who  composed  a  part  of  the  late  Federal  Convention.  .  .  . 
I  have  the  highest  veneration  for  those  gentlemen ;  but, 
sir,  give  me  leave  to  demand  what  right  had  they  to  say, 
'  We,  the  people '  ?  .  .  .  Who  authorized  them  to  speak 
the  language  of,  We,  the  people,  instead  of,  We,  the  States  ? 
If  the  States  be  not  the  agents  of  this  compact,  it  must  be 
one  great,  consolidated,  national  government  of  the  people 
of  all  the  States."  It  was  argued,  on  the  other  hand,  by 
Randolph,  Madison,  and  others,  that  the  government, 
under  the  Articles  of  Confederation,  was  a  failure,  and 
that  the  only  safe  course  to  pursue  was  to  have  a  govern- 
ment emanating  from  the  people  instead  of  from  the 
States,  if  the  union  of  the  States  and  the  preservation  of 
the  liberties  of  the  people  were  to  be  preserved. 

SUPPLEMENTARY   QUESTIONS   AND    READINGS. 

i.    For  an  account  of  the  members  of  the  Convention,  see  Hart,  Con- 
temporaries, III,  205-211. 

2.  For  the  contributions  of  the  individuals  and  the  classes  of  dele- 

gates, see  Walker,   The  Making  of  the  Nation,  23-27;    Fiske, 
Critical  Period,  224-229. 

3.  Discuss  the  peculiar  conditions  in  Massachusetts.    Give  the  argu- 

ments presented.     Walker,  56-57;    Fiske,  Critical  Period,  316- 

33i- 

4.  How  was  the  Constitution  regarded  in  Virginia?     Walker,  58,  §0; 

Fiske,  Critical  Period,  334-338. 

5.  What  was  the  attitude  of  the  New  York  Convention  toward  the 

Constitution  ?     Fiske,  Critical  Period,  340-345. 

6.  What  objections  were  made   against  the   Constitution   in   North 

Carolina?     Hart,  Contemporaries,  III,  251-254. 


THE   CONSTITUTIONAL   CONVENTION.  49 

7.  What  would  have  been  the  status  of  North  Carolina  and  Rhode 

Island  if  they  had  not  ratified  ?     Walker,  73,  74;    Hart,  Forma- 
tion of  the  Union,  132,  133. 

8.  Show  the  influence  of  the  State  constitutions  on  the  Federal  Con- 

stitution.    James  and  Sanford,  Government  in   State  and  Na- 
tion, 135. 

9.  For  other  questions  on  the  material  in  this  chapter,   see    Fiske, 

Civil  Government,  211,  212;   James  and  Sanford,  Government 
in  State  and  Nation,  136,  137,  138. 


CHAPTER   VII. 
ORGANIZATION  OF  THE  LEGISLATIVE  DEPARTMENT. 

Article  I. 

A  Congress  of  Two  Houses.  —  Section  i.  All  legislative 
powers,  herein  granted,  shall  be  vested  in  a  Congress  of  the 
United  States,  which  shall  consist  of  a  Senate  and  House 
of  Representatives. 

In  the  Constitutional  Convention,  the  Pennsylvania  dele- 
gates were  the  only  ones  who  objected  to  the  formation 
of  a  legislative  body  having  two  houses.  It  was  believed 
that  with  two  houses  one  would  be  a  check  upon  the 
other,  and  that  there  would  be  less  danger  of  hasty  and 
oppressive  legislation.  Another  reason  for  the  formation 
of  a  Congress  having  two  houses  was  that  the  colonists 
were  familiar  with  this  kind  of  Legislature.  It  existed  in 
all  of  the  States,  Pennsylvania  and  Georgia  excepted. 

Term  of  Members  and  Qualifications  of  Electors.  —  Sec- 
tion 2,  Clause  i.  The  House  of  Representatives  shall  be 
composed  of  members  chosen  every  second  year  by  the  people 
of  the  several  States,  and  the  electors  in  each  State  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  brancJi  of  the  State  legislature. 

A  short  term  for  representatives  was  agreed  upon,  for 
it  was  the  design  to  make  them  dependent  on  the  w. A  of 

So 


ORGANIZATION   OF   LEGISLATIVE   DEPARTMENT.       51 

the  people.  The  question  frequently  arises,  therefore, 
ought  representatives  to  be  compelled  to  receive  instruc- 
tions from  those  who  elect  them  ?  May  we  not  agree 
that  our  legislation  would  often  be  more  efficient  if  the 
welfare  of  the  Nation  were  considered,  rather  than  what 
seems,  for  the  moment,  to  be  only  the  concern  of  a  dis- 
trict or  even  a  State  ?  Securing  the  best  interests  of 
all  may  mean  at  times,  also,  the  sacrifice  of  mere  party 
principles. 

Who  may  vote  for  Representatives.  —  By  the  words  people 
and  electors  is  meant  voters.  With  the  desire  to  make 
the  House  of  Representatives  the  more  popular  branch, 
it  was  decided  to  grant  the  right  of  voting  for  a  represen- 
tative to  any  person  who  might  be  privileged  to  vote  for 
a  member  of  the  lower  house  of  the  Legislature  of  his 
State.  The  freedom  of  a  State  to  determine  what  these 
qualifications  are,  is  limited  only  by  the  provisions  of  the 
fifteenth  amendment :  — 

Amendment  XV.  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the  United 
States,  or  by  any  State,  on  account  of  race,  color,  or  previous 
condition  of  servitude. 

This  amendment  was  proposed  by  Congress  in  Febru- 
ary, 1869,  and  was  declared  in  force,  March  30,  1870. 
It  was  for  the  purpose  of  granting  more  complete  political 
rights  to  the  negroes,  recently  declared,  by  Amendment 
XIV,  to  be  citizens. 

Method  and  Time  of  choosing  Representatives.  —  The 
Constitution  prescribes  that  representatives  shall  be  elected 
by   the  people.      Congress    has    provided    that    represen- 


52  THE   NATIONAL   GOVERNMENT. 

tatives  shall  be  chosen  on  the  Tuesday  next  after  the 
first  Monday  in  November  of  the  even-numbered  years.1 
Congress  has  also  decreed  that  representatives  shall  be 
chosen  by  districts  ;  but  the  State  Legislature  has  complete 
control  of  the  districting  of  its  State.  However,  Congress 
has  declared  that  these  districts  shall  be  composed  of 
contiguous  territory,  and  contain,  as  nearly  as  practicable, 
an  equal  number  of  inhabitants.  Now,  usage  has  defined 
territory  to  be  contiguous  when  it  touches  another  portion 
of  the  district  at  any  one  point.  As  a  result  of  this  ques- 
tionable interpretation,  some  States  have  been  divided  into 
districts  of  fantastic  shapes,  to  promote  the  interests  of 
the  party  having  the  majority  in  the  State  Legislature.2 

Proportional  Representation.  —  Proportional  representation,  which 
is  coming  into  favor  in  these  days,  would  doubtless  do  much  toward 
remedying  this  abuse.  According  to  the  present  system  of  electing  rep- 
resentatives by  districts,  large  minorities  of  voters  are  not  represented. 
Numerous  plans  of"  Proportional  Representation"  have  been  advocated. 
One  such  plan  is  in  operation  in  Illinois3  for  the  election  of  members 
to  the  State  house  of  representatives.  Each  district  elects  three  mem- 
bers on  a  general  ticket.  The  voter  may  give  one  vote  to  each  candi- 
date, or  one  and  a  half  votes  to  each  of  two  candidates,  or  three  votes 
to  a  single  candidate.  Therefore,  the  minority,  by  concentrating  their 
votes  on  one  candidate,  may  elect  a  representative  to  the  Legislature, 
when  under  the  district  system  they  would  not  be  represented. 

Qualifications  of  Representatives. —  Section  2,  Clause  2. 
No   person  shall  be  a    representative   who  shall  not  have 

1  The  only  exceptions  to  this  rule  are :  Oregon  holds  its  election  on  the 
first  Monday  in  June  ;  Vermont,  on  the  first  Tuesday  in  November  ;  and 
Maine,  on  the  second  Monday  in  September. 

2  This  process  is  called  "  gerrymandering."  See,  also,  "  Government  in 
State  and  Nation,"  pp.   153,  154. 

8  On  Proportional  Representation,  read  "  Government  in  State  and  Na- 
tion," pp.  13,  14,  15. 


ORGANIZATION   OF   LEGISLATIVE   DEPARTMENT.       53 

attained  to  the  age  of  twenty-five  years,  and  been  seven  years 
a  citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  in  which  he  shall  be 
chosen. 

In  the  original  States  there  was  great  diversity  of  quali- 
fications for  members  of  the  lower  houses  of  their  Legisla- 
tures. But  some  uniform  system  was  necessary  for  the 
National  organization,  and  so  the  few  simple  requirements 
of  this  clause  were  introduced.  It  is  understood,  however, 
that  the  States  may  not  add  other  qualifications.  While  a 
representative  must  be  an  inhabitant  of  the  State  in  which 
he  is  chosen,  he  need  not,  so  far  as  the  Constitution 
requires,  be  an  inhabitant  of  the  district.  But  the  in- 
stances have  been  few  in  which  a  member  of  the  House  has 
not  been  also  an  inhabitant  of  the  district  which  he  repre- 
sents. According  to  the  English  system  of  representation, 
a  member  of  the  House  of  Commons  frequently  represents 
a  borough  or  county  in  an  entirely  different  part  of  the 
kingdom  from  that   of  which  he  is  an  inhabitant. 

May  the  House  refuse  to  admit  a  person  duly  elected  and  possessing 
the  necessary  qualifications  ?  This  question  arose  in  the  56th  Congress, 
in  the  case  of  Brij>hani  Roberts  of  Utah.     He  was  finally  excluded. 

Present  System  of  apportioning  Representatives. —  Sec- 
tion 2  of  Amendment  XIV  contains  the  rule  of  apportion- 
ment that  is  now  in  operation.  This  became  a  part  of  the 
Constitution,  July  28,  1868. 

Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.     But  when  the  right  to  vote  at  any  election  for 


54  THE   NATIONAL  GOVERNMENT. 

the  choice  of  electors  for  President  and  Vice-President  of 
the  United  States,  representatives  in  Congress,  the  execu- 
tive and  judicial  officers  of  a  State,  or  the  members  of  the 
legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for 
participation  in  rebellion  or  other  crime,  the  basis  of  repre- 
sentation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 

The  second  sentence  of  this  section  was  framed  in  the 
belief  that  the  States,  rather  than  lose  a  portion  of  their 
representatives  in  Congress,  would  grant  the  right  of 
suffrage  to  negroes  already  declared  to  be  citizens. 
But  proportional  reduction  of  representatives  was  never 
put  into  practical  operation,  for  before  the  next  apportion- 
ment of  representatives,  Amendment  XV  became  a  part  of 
the  Constitution,  and  negro  suffrage  was  put  on  the  same 
basis  as  white.  However,  the  enforcement  of  Section  2  of 
Amendment  XIV  has  been  strongly  urged  in  our  own  time. 
This  is  because  it  is  estimated  that  many  thousand  have  been 
disfranchised  through  the  restrictions  on  the  right  of  suffrage 
found  in  several  of  our  State  constitutions.  Some  require  an 
educational  test  and  others  a  property  qualification  for  voting. 

The  "Indians  not  taxed"  doubtless  refers  to  those 
Indians  who  still  maintain  their  tribal  relations  or  who 
live  on  reservations  in  the  several  States.  Their  number, 
according  to  the  census  of  1900,  was  44,617. 

Early  Apportionment.  —  The  number  of  representatives 
to  which  each  of  the  States  was  originally  entitled  is  given 


ORGANIZATION    OF    LEGISLATIVE    DEPARTMENT. 


55, 


in  Section  2,  Clause  3,  of  the  article  we  are  now  consid- 
ering as  follows:  — 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  numbers,  which  shall  be 
determined  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and  ex- 
cluding Indians  not  taxed,  three-fifths  of  all  other  persons. 
The  actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  Congress  of  the  United  States, 
and  within  every  subsequent  term  of  ten  years,  in  such 
manner  as  they  shall  by  law  direct.  The  number  of  repre- 
sentatives shall  not  exceed  one  for  every  tJiirty  thousand,  but 
each  State  shall  have  at  least  one  representative ;  and  until 
such  enumeration  shall  be  made,  the  State  of  New  Hamp- 
shire shall  be  entitled  to  choose  three,  Jlfassachusetts  eight, 
Rhode  Island  and  Providence  Plantations  one,  Connecticut 
five,  New  York  six,  New  Jersey  four,  Pennsylvania  eight, 
Dclazvare  one,  Maryland  six,  Virginia  ten,  NortJi  Carolina 
five,  South  Carolina  five,  and  Georgia  three. 

The  three-fifths  rule  was  rendered  void  by  the  adoption 
of  Amendment  XIII,  which  abolished  slavery,  since  there 
were  no  longer  the  "other  persons."  That  part  of  the 
clause  which  provides  for  the  laying  of  direct  taxes  is  still 
in  force. 

The  Census. —  In  order  to  carry  out  the  provision  of  the  Constitu- 
tion, an  "actual  enumeration"  was  made  in  1790.  Since  that  date 
there  has  een  a  census  every  ten  years.  The  taking  of  the  census  and 
the  compila  :on  and  publication  of  the  statistics  connected  with  it  are 
under  the  supervision  of  the  director  of  the  census.  Work  on  the 
twelfth  census  was  begun  June  1,  1900,  and  required  over  50.000 
enumerators,  2500  clerks,  and  2000  special  agents.     The  cost  was  some 


56  THE   NATIONAL   GOVERNMENT. 

$12,000,000.  The  most  important  volumes  found  in  the  report  are 
those  on  population,1  manufactures,  and  agriculture.  The  taking  of  the 
census  will,  in  the  future,  be  more  economical  and  efficient  because  of 
the  establishment  of  the  permanent  census  bureau  by  an  act  of  Con- 
gress in  1902. 

Ratio  of  Representation.  —  The  Constitution  provided  that  there 
should  be  65  members  in  the  first  House  of  Representatives.  After 
the  first  census,  Congress  agreed  that  there  should  be  one  representa- 
tive for  each  33,000  of  the  population.  This  gave  a  house  with  105 
representatives.  From  that  time  the  ratio  of  representation  has  been 
changed  every  ten  years.  Otherwise,  with  the  rapid  increase  in  popula- 
tion, the  House  would  soon  become  too  large.  The  ratio  adopted  by 
die  act  of  January  12,  1901,  was  one  representative  to  194,182  people.2 
After  March  4,  1903,  therefore,  there  will  be  at  least  386  members  in 
the  House,  if  the  membership  is  complete.3 

Members  from  New  States.  —  Should  a  new  State  be  ad- 
mitted after  the  apportionment  is  made,  its  representatives 
are  always  additional  to  the  number  provided  for  by  law. 

The  Constitution  provides  that  each  State  shall  have  at 
least  one  representative.  If  this  provision  had  not  been 
made,  the  States  of  Delaware,  Idaho,  Nevada,  and  Wyo- 
ming, each  having  a  smaller  population  than  the  ratio 
adopted  in  1901,  would  not  be  represented. 

Territorial  Delegates.  —  The  organized  Territories  are 
each  entitled  to  send  a  delegate  to  the  House  of  Repre- 
sentatives. He  is  allowed  to  speak  on  any  question  that 
has  to  do  with  his  Territory,  but  may  not  vote. 

1  The  population  of  the  United  States,  according  to  the  first  jensiis,  was 
3,929,214.     The  population  in  1900  was  76,303,387. 

2  For  the  method  of  apportionment,  see  "  Government  ir  State  and  Na- 
tion," p.  145. 

3  The  number  of  members  in  the  English  House  of  Commons  is  670 ;  ia 
the  French  Cham'ser  of  Deputies,  584  ;   and  in  the  German  Reichstag,  396. 


ORGANIZATION   OF   LEGISLATIVE   DEPARTMENT.       57 

Vacancies.  —  Section  2,  Clause  4.  When  vacancies 
happen  in  the  representation  from  anj>  State,  the  executive 
authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

When  a  vacancy  occurs  in  the  representation  from  any 
State  on  account  of  death,  expulsion,  or  for  other  cause,  it 
is  made  the  duty  of  the  Governor  of  the  State  in  which  the 
vacancy  exists  to  call  for  a  special  election  in  that  district 
to  choose  a  representative  for  the  remainder  of  the  term. 

Officers.  —  Section  2,  Clause  5.  The  House  of  Repre- 
sentatives shall  choose  their  Speaker  and  other  officers,  and 
shall  have  the  sole  power  of  impeachment. 

The  Speaker,  who  is  the  presiding  officer,  has  always 
been  a  member  of  the  House,  but  the  Constitution  does 
not  say  that  he  shall  be.  The  other  officers  are  the  Clerk, 
Sergeant-at-Arms,  Doorkeeper,  Postmaster,  and  Chaplain, 
none  of  whom  is  a  member  of  the  House. 

Number  and  Term  of  Office  of  Senators.  —  Section  3, 
Clause  1.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  senators  from  each  State,  chosen  by  the  legis- 
lature thereof  for  six  years,  and  each  senator  shall  have  one 
vote. 

As  we  have  seen,  the  provision  that  there  should  be  two 
senators  from  each  State  was  the  result  of  a  compromise. 
Consequently  New  York  and  Pennsylvania  have  but  the 
same  number  as  Delaware  and  Nevada.1  The  term  of  six 
years  for  senators  was  likewise  a  compromise  measure. 
There  were  members  of  the  convention  who  favored  three 

1  The  Senate  now  contains  90  members ;  the  English  House  of  Lords, 
560  ;  and  the  French  Senate,  300. 


58  THE   NATIONAL   GOVERNMENT. 

years ;  others  wanted  nine  years,  and  Hamilton  desired 
that  the  term  should  be  during  good  behavior.  Many 
States  have  practically  lengthened  the  prescribed  term  by 
the  wise  policy  of  returning  acceptable  senators  for  more 
than  one  term.  Although  elected  by  the  State  Legislature, 
senators  do  not  vote  by  States.  The  senators  from  a 
State  may,  and  often  do,  vote  on  opposite  sides  of  a 
question. 

Qualifications  of  Senators.  —  Section  3,  Clause  3.  No 
person  shall  be  a  senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  State  from  which  he  shall  be  chosen. 

The  reasons  for  requiring  different  qualifications  in 
senators  from  those  of  representatives  is  expressed  in 
"The  Federalist"  as  follows:  "The  propriety  of  these  dis- 
tinctions is  explained  by  the  nature  of  the  senatorial  trust, 
which,  requiring  greater  extent  of  information  and  stability 
of  character,  requires  at  the  same  time  that  the  senator 
should  have  reached  a  period  of  life  most  likely  to  supply 
these  advantages."  The  attitude  of  Americans  toward  the 
Senate  to-day  differs  from  that  manifest  during  the  first 
quarter  century  of  our  history.  Has  the  Senate  degen- 
erated? is  a  question  frequently  asked.  The  presence  in 
that  body  of  numerous  millionaires  has  also  excited  un- 
favorable comment.  There  have  been  two  instances  only 
in  which  senators  have  been  disqualified  because  of  inade- 
quate citizenship. 

Times  and  Places  for  electing  Senators  and  Representa- 
tives.—  Section  4,  Clause   1.    The  times,  places,  and  man- 


ORGANIZATION   OF   LEGISLATIVE   DEPARTMENT.       59 

ncr  of  holding  elections  for  senators  and  representatives 
shall  be  prescribed  in  each  State  by  the  legislature  thereof  ; 
but  the  Congress  may  at  any  time,  by  law,  make  or  alter 
such  regulations,  except  as  to  the  place  of  choosing  senators. 
It  is  desirable  that  Congress  should  have  the  final  au- 
thority in  providing  for  the  election  of  its  own  members, 
because  the  very  existence  of  the  Union  might  otherwise 
be  left,  at  times,  to  the  whims  of  the  State  Legislatures. 
Congress,  in  1866,  provided  for  the  system  now  in  use. 

The  Legislature,  chosen  next  before  the  expiration  of  the  term  of  a 
senator,  proceeds  to  elect  his  successor  on  the  second  Tuesday  after  its 
organization.  On  that  day  each  house  must  vote  separately  by  a  viva 
voce  vote.  The  two  houses  are  required  to  meet  in  joint  assembly  at 
noon  the  following  day,  when  the  results  are  read.  If  the  same  person 
has  received  a  majority  of  the  votes  in  both  houses,  he  is  elected.  If 
no  person  have  such  majority,  the  joint  assembly  must  take  a  viva  voce 
vote.  The  person  receiving  a  majority  of  such  votes  is  elected,  pro- 
viding a  majority  of  all  the  members  elected  to  both  houses  are  present 
and  voting.  Should  there  still  be  no  election,  the  joint  assembly  must 
meet  at  noon  on  each  succeeding  day,  and  take  at  least  one  vote  until 
a  senator  shall  have  been  chosen.  The  procedure  is  the  same  in  the 
case  of  a  vacancy  which  has  occurred  before  the  Legislature  has  assem- 
bled. When  the  vacancy  happens  during  the  session  of  the  Legislature, 
it  must  proceed  in  the  same  way  the  second  Tuesday  after  receiving 
notice  of  the  vacancy. 

Election  of  Senators  by  Popular  Vote.  —  Shall  United  States  sena- 
tors be  elected  by  popular  vote?  This  question  has  been  much  dis- 
cussed in  recent  years.  Deadlocks  and  briberv  in  State  Legislatures 
have  done  much  to  bring  it  into  prominence.  Besides,  there  is  a  grow- 
ing feeling  that  the  people  are  quite  as  competent  to  elect  United  States 
senators  as  they  are  to  choose  other  officers.  The  House  of  Repre- 
sentatives, on  several  occasions,  has  passed  a  resolution  favoring  an 
amendment  to  the  Constitution  that  will  secure  this  result :  but  each 
time  it  has  failed  in  the  Senate.  At  the  beginning  of  the  year  1903 
there  were  twenty-seven  of  the  State  Legislatures  on  record  as  in  favor 
of  this  reform.     That  the  people  generally  desire  such  an  amendment 


60  THE   NATIONAL   GOVERNMENT. 

cannot  be  questioned,  if  we  may  judge  by  the  vote  cast  in  Illinois  in  the 
November  election  of  1902.  451,319  voters  favored  popular  election 
of  senators;  76,975  opposed. 

Vacancies  in  the  Senate.  —  As  provided  in  Clause  2,  of 
Section  3  of  the  article  we  are  considering,  a  vacancy 
occurring  in  the  Senate  during  the  recess  of  the  Legisla- 
ture of  any  State  may  be  filled,  temporarily,  through  an 
appointment  made  by  the  Governor  of  that  State.  A 
senator  thus  appointed  holds  his  office  until  the  Legisla- 
ture meets.  In  case  that  body  fails  to  elect  his  successor, 
he  retains  the  office  until  the  end  of  the  session  of  the 
Legislature.  But  the  State  will  then  lack  one  member  in 
the  Senate,  because  the  governor  may  not,  by  appoint- 
ment, fill  a  vacancy  resulting  from  the  failure  of  the 
legislature  to  elect.1 

Classes  of  Senators.  —  Section  3,  Clause  2.  Immediately 
after  they  shall  be  assembled  in  consequence  of  the  first  elec- 
tion, they  shall  be  divided,  as  equally  as  may  be,  into  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  seco7id  year ;  of  the  second 
class,  at  the  expiration  of  the  fourth  year ;  and  of  the  third 
class,  at  the  expiration  of  the  sixth  year ;  so  that  one-third 
may  be  chosen  every  second  year,  and  if  vacancies  happen  by 
resignation  or  otherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make  temporary 
appointments  until  the  next  meeting  of  the  legislature,  %vhicli 
shall  then  fill  such  vacancies. 

This  provision  makes  the  Senate  a  permanent  body, 
since  only  one-third  of  the  members  go  out  of  office  every 
two  years.     In  the  first  session  of  the  first  Congress  the 

1  For  a  test  case,  see  "  Government  in  State  and  Nation,"  p.  149. 


ORGANIZATION   OF    LEGISLATIVE   DEPARTMENT.       6l 

senators  were  divided  into  three  classes.  It  has  been  the 
custom  to  place  the  senators  from  new  States  in  different 
classes.  This  is  done  in  order  to  preserve,  so  far  as  pos- 
sible, the  equality  of  numbers  in  each  class.  Besides,  a 
State  is  thus  enabled  to  keep  one  man  of  experience  in  the 
Senate.  When  a  new  State  is  admitted,  the  senators  from 
that  State  determine  by  lot,  drawn  in  the  presence  of  the 
Senate,  which  classes  they  are  to  enter.  Thus  when 
Utah  was  admitted,  her  Senators  were  assigned  to  the 
two  and  four  year  classes,  neither  of  them  serving  the 
full  term  of  six  years. 

President  of  the  Senate.  —  Section  3,  Clause  4.  The 
Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  unless  they  be  equally  divided. 

Other  Officers.  —  Section  3,  Clause  5.  The  Senate  shall 
choose  their  other  officers,  and  also  a  President  pro  tempore, 
in  the  absence  of  the  Vice-President,  or  when  he  shall  exercise 
the  office  of  President  of  the  United  States. 

The  Vice-President  of  the  United  States  is  the  presiding 
officer  of  the  Senate.  He  cannot  take  part  in  debates,  and 
has  no  vote  unless  there  be  a  tie.  In  marked  contrast  with 
the  power  of  the  Speaker,  he  cannot  name  the  committees, 
and  has  no  direct  authority  in  legislation.  Indeed,  the 
office  is  regarded  as  one  of  so  little  influence  that  it  is 
sometimes  difficult  to  secure,  as  candidates  for  it,  men  of 
recognized  prominence. 

The  other  officers  of  the  Senate  are  Secretary,  Chief 
Clerk,  Sergeant-at-arms,  Chaplain,  Postmaster,  Librarian, 
and  Doorkeeper,  none  of  whom  is  a  member  of  the  Senate. 
It  is  desirable,  in  the  absence  of  the  Vice-President,  that 


62  THE   NATIONAL   GOVERNMENT. 

the  Senate  should  have  a  presiding  officer.  At  the  open- 
ing of  the  session,  therefore,  that  body  chooses  from  its 
own  members  a  president  pro  tempore.  He  may  vote  on 
any  question,  but  cannot  cast  the  deciding  vote  in  case  of 
a  tie. 

When  Congress  Meets.  —  Section  4,  Clause  2.  TJie 
Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

As  we  have  already  seen,  representatives  are  elected 
for  a  term  of  two  years.  This  period  defines  the  length 
of  a  Congress.  Representatives,  as  we  know,  are  chosen 
on  the  first  Tuesday  after  the  first  Monday  in  November. 
Now  the  term  of  office  of  a  representative  begins  legally 
on  the  fourth  of  March  succeeding  the  time  of  his  election.1 
Except  in  the  case  of  a  special  session,  this  term  does 
not  really  begin  until  the  first  Monday  of  the  following 
December,  or  thirteen  months  after  the  election.  It  would 
seem  desirable  that  the  members  should  be  given  an 
earlier  opportunity  to  express  themselves  on  the  issues 
upon  which  they  have  been  chosen. 

Sessions  of  Congress.  —  Each  Congress  has  two  regular 
sessions.  The  first  is  called  the  "  long  session,"  for  its 
length  is  not  determined  by  a  definite  date  of  adjournment. 
It  usually  lasts  until  midsummer  and  may  not  extend  be- 
yond the  first  Monday  in  December,  the  time  fixed  for 
the  beginning  of  the  next  session.  The  second,  or  "  short 
session,"  cannot  extend  beyond  12  m.  of  March  4,  the  time 

1  The  limits  of  the  58th  Congress  will  be  March  4,  1903,  to  March  4,  1905. 


ORGANIZATION    OF   LEGISLATIVE   DEPARTMENT.       63 

set  for  a  new  Congress  to  begin.     The  President  may  con- 
vene Congress  in  special  session. 

Organization  of  Congress.  —  The  first  Monday  in  December  of  each 
second  year  is  a  notable  day  in  Washington,  for  the  formal  opening  of 
a  new  Congress  is  regarded  as  an  important  event.  The  House  of 
Representatives  must  go  through  the  entire  process  of  organization. 
To  the  Clerk  of  the  preceding  House  are  intrusted  the  credentials  of  the 
members,  and  from  these  he  makes  out  a  list  of  those  who  are  shown  to 
be  regularly  elected.  At  the  hour  of  assembly  he  calls  the  roll  from 
this  list,  announces  whether  or  not  a  quorum  is  present,  and  states  that 
the  first  business  is  to  elect  a  Speaker.  After  his  election,  the  Speaker 
takes  the  oath  of  office,  which  is  administered  by  the  member  who  has 
had  the  longest  service  in  the  House.  The  Speaker  then  administers 
the  oath  to  the  members  by  States.  The  election  of  the  Chief  Clerk 
and  the  other  officers  follows,  after  which  the  House  is  said  to  be 
organized. 

The  Senate  is  a '•'continuing  body,1' and  no  formal  organization  is 
necessary.  At  the  opening  of  a  new  Congress  the  Vice-President  calls 
the  Senate  to  order  and  the  other  officers  resume  their  duties.  After 
the  President  pro  tempore  has  been  chosen,  the  newly  elected  members 
are  escorted  to  the  desk  in  groups  of  four,  and  the  oath  is  administered 
by  the  President  of  the  Senate.  Each  house,  when  organized,  notifies 
vhe  other  of  the  fact,  and  a  joint  committee  of  the  Houses  is  appointed 
to  wait  upon  the  President  and  inform  him  that  quorums  are  present 
and  are  ready  to  receive  any  communication  he  may  desire  to  send. 

The  House  of  Representatives  occupies  a  large  hall  in  the  south  wing 
of  the  Capitol.  The  desks  of  the  members  are  arranged  in  a  semicircle 
about  that  of  the  Speaker,  with  the  Republicans  on  his  left  and  the 
Democrats  on  his  right.  When  a  member  gains  the  floor,  he  speaks 
from  his  own  desk  or  from  the  space  in  front  of  the  Speaker's  desk. 
Unless  the  question  is  one  of  importance,  but  little  attention  is  paid  to 
the  course  of  debate.  Consequently  a  visitor  can  hear  only  with  great 
effort  because  of  the  constant  din  produced  by  the  shuffling  of  papers, 
clapping  of  hands  for  pages,  etc.  The  real  work  of  Congress,  as  we 
shall  see,  is  done  in  committees.  The  Senate  occupies  a  hall  at  the 
opposite  end  of  the  Capitol.  It  is,  of  course,  much  smaller  than  that 
occupied  by  the  House,  but  is  similarly  arranged.  In  general,  the  pro- 
ceedings on  the  floor  of  the  Senate  are  conducted  in  a  much  more  orderly 
manner  than  is  usual  in  the  House. 


64  THE   NATIONAL  GOVERNMENT. 


SUPPLEMENTARY   QUESTIONS   AND    REFERENCES. 

1.  What  is  the  number  of  the  present  Congress  ?     Give  the  dates  fol 

the  beginning  and  end  of  each  session. 

2.  In  the  States  which  have  woman  suffrage,  may  women  vote  for 

representatives  ? 

3.  It  is  not  required  by  law  that  a  representative  shall  reside  in  the 

district  that  he  represents,  but  it  is  an  established  custom. 
What  are  its  advantages  and  disadvantages  ?  Compare  with 
the  English  practice.  Bryce,  American  Commonwealth,  I, 
Chapter  19. 

4.  Were  the  States  mentioned  on  p.   54  justified  in  the  enactment 

of  their  suffrage  laws  ? 

5.  Ought  Section  2,  Amendment  XIV,  to  be  enforced?     Rev.  of  R's, 

22:  273-275,  653,  654  ;  24:  649-651  ;  Forum,  31 :  225-230  ;  32: 
460-465;  N.  Am.  Rev.,  168:285-296;  170:785-801;  175:534- 
543  ;   Outlook,  69:751. 

6.  State  the  points  of  likeness  and  of  difference  between  the  House 

of  Representatives  and  the  House  of  Commons.  N.  Am.  Rev., 
170:  78-86. 

7.  Give  the  number  of  representatives  to  which  your  State  is  entitled. 

Was  the  number  increased  in  the  last  apportionment  ?  How 
large  is  your  Congressional  district  ?     Population  ? 

8.  Compare  the  area  of  your  district  with  that  of  other  districts  in 

your  State  ;  also  with  the  population  of  other  districts.  Com- 
pare the  number  of  votes  cast  for  Representative  in  your  dis- 
trict with  the  number  cast  in  districts  of  other  States  in  different 
sections  of  the  country.  How  do  you  account  for  the  variation  ? 
See  New  York  World  Almanac. 

9.  Some  interesting  facts  connected  with  the  apportionment  of  1901 

are  given  in  the  Forum,  30:  568-577. 
10.    For  the  Reapportionment  Law  of  1901,  see  Outlook,  67  :  136. 
n.    For   accounts  of  the  methods   by  which  a  census  is  taken,  see 

American   Census  Methods,    Forum,   30:109-119.      Census  of 

1900,  N.  Am.  Rev.,  170:650-652. 

12.  Who  are  some  of  the  best-known  representatives  and  senators? 

For  what  reasons  are  they  noted? 

13.  Who  are  the  senators  from  your  State  ?     When  was  each  elected? 


ORGANIZATION    OF    LEGISLATIVE    DEPARTMENT.       65 

14.  Give    the    names    of    the    Speaker    and    of    the     President   pro 

tempore. 

15.  Has    the    Senate   degenerated  ?     Should    senators    be   elected    by 

popular  vote?  Outlook,  67:  559,  604,  774 a;  73:  277-285,  386- 
392.  For  other  references,  see  James  and  Sanford.  Govern- 
ment in  State  and  Nation,   p.  157. 


CHAPTER  VIII. 

POWERS  AND  DUTIES  OF   THE  SEPARATE  HOUSES. 

I.    Impeachment. 

Article  II,  Section  4.  The  President,  Vice-President  and 
all  civil  officers  of  the  United  States,  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of,  treason,  bribery, 
or  other  high  crimes  and  misdemeanors. 

Article  I,  Section  2,  Clause  5.  The  House  of  Represen- 
tatives shall  .  .  .  have  the  sole  power  of  impeachment. 

Section  3,  Clause  6.  The  Senate  shall  have  the  sole 
power  to  try  all  impeachments.  When  sitting  for  that  pur- 
pose, they  shall  be  on  oath  or  affirmation.  When  the  Presi- 
dent of  the  United  States  is  tried,  the  Chief  Justice  shall 
preside ;  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

Section  3,  Clause  7.  Judgment  in  cases  of  impeachment 
shall  not  extend  further  than  to  removal  from  office  and  dis- 
qualification to  hold  and  enjoy  any  office  of  honor,  trust,  or 
profit  under  the  United  States  ;  but  the  party  convicted  shall 
nevertheless  be  liable  and  subject  to  indictment,  trial,  jtidg- 
ment,  and  punishment  according  to  law. 

There  have  been  but  seven  impeachment  trials  in  the 

history  of  our  government.    Section  4  of  Article  II  declares 

who  may  be  impeached.      The  expression  "  civil  officer  " 

66 


POWERS  AND    DUTIES    OF    SEPARATE    HOUSES.       67 

does  not  include  military  and  naval  officers.  They  are 
subject  to  trial  by  court-martial.  Members  of  Congress 
may  not  be  impeached,  since  the  Constitution  authorizes 
each  house  to  bring  to  trial  and  punish  its  own  members. 
Clause  5  of  Section  2,  and  Clauses  6  and  7  of  Section  3, 
Article  I,  give  the  method  of  procedure  against  an  officer 
who  may  be  charged  with  "  treason,  bribery,  or  other  high 
crimes  and  misdemeanors."  The  articles  of  impeachment 
preferred  by  the  House  of  Representatives  correspond  to 
the  indictment  in  a  criminal  trial.  The  manner  of  con- 
ducting an  impeachment  trial,  in  the  Senate,  resembles 
also  a  trial  by  jury.1  That  the  "  Chief  Justice  shall  pre- 
side "  during  the  trial  of  the  President  of  the  United  States 
is  a  wise  provision,  because  it  is  easy  to  presume  that  a 
Vice-President  might  be  personally  interested  in  the  con- 
viction of  a  President. 

II.   The  Quorum,  Journal,  and   Freedom  of   Speech. 

Determination  of  Membership  and  Quorums.  —  Section  5, 
Clause  1.  Each  house  shall  be  the  judge  of  the  elections, 
returns,  and  qualifications  of  its  own  members,  and  a 
majority  of  each  shall  constitute  a  quorum  to  do  business ; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authoi  iced  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each  house 
may  provide. 

In  1900  the  right  of  a  Senator  to  a  seat  in  the  Senate 
was  challenged  by  the  citizens  of  his  State  on  the  ground 
that  his  election  was  secured  through  bribery  and  cor- 
ruption.     In  a  memorial  of  the  citizens  forwarded  by  the 

'See  "  Government  in  State  and  Nation,"  p.  159. 


68  THE    NATIONAL    GOVERNMENT. 

Governor,  the  matter  formally  came  before  the  Senate. 
The  case  was  referred  to  the  Committee  on  Privileges  and 
Elections,  which  unanimously  reported,  after  careful  delib- 
eration, that  the  Senator  was  not  duly  and  legally  elected  by 
the  Legislature  of  his  State.  The  Committee  found  that  he 
had  obtained  through  illegal  and  corrupt  practices  more  than 
eight  votes  which  would  otherwise  have  been  cast  against 
him  and  changed  the  result.  Before  a  vote  was  taken  in 
the  Senate  on  this  resolution  the  Senator  resigned  his  seat. 
In  the  House  the  name  of  the  person  possessing  the 
certificate  of  election  signed  by  the  governor  of  his  State 
is  entered  on  the  roll  of  the  House,  but  the  seat  may  still 
be  contested.  Many  cases  of  contested  elections  are  con- 
sidered by  each  new  House.  There  were  thirty-two  seats 
contested  in  the  54th  Congress.  Such  cases  are  referred 
to  the  Committee  on  Elections,  which  hears  the  testimony, 
and  presents  it  to  the  House  for  final  decision.  Each  of 
the  cases  when  presented  to  the  House  consumes  from 
two  to  five  days  which  might  otherwise  be  used  for  the 
purposes  of  legislation.  The  law  provides  that  no  more 
than  $2,000  shall  be  paid  either  of  the  contestants  for 
expenses,  but  even  then,  it  is  estimated,  these  contests  cost 
the  government,  all  told,  $40,000  annually.  When  the 
decision  is  rendered  by  the  House,  the  vote  is,  in  most 
cases,  strictly  on  party  lines,  regardless  of  the  testimony. 
In  view  of  these  facts,  it  has  been  suggested  that  the 
Supreme  Court  decide  all  contested  elections. 

How  a  Quorum  is  Secured. —  If  it  appears,  upon  the 
count  of  the  Speaker,  or  upon  the  roll-call  of  the  House, 
that  a  majority  is  not  present,  business  must  be  suspended 


POWERS   AND   DUTIES   OF   SEPARATE   HOUSES.     69 

until  a  quorum  is  secured.  Fifteen  members,  including 
the  Speaker,  may  be  authorized  to  compel  the  attendance 
of  absent  members.  This  is  accomplished  as  follows  :  The 
doors  of  the  House  are  closed,  the  roll  is  called,  and 
absentees  noted.  The  Sergeant-at-arms,  when  directed  by 
the  majority  of  those  present,  sends  for,  arrests,  and  brings 
into  the  House  those  members  who  have  not  sufficient 
excuse  for  absence.  When  a  quorum  is  secured,  business 
is  resumed. 

Rules  and  Discipline.  —  Section  5,  Clause  2.  Each  house 
may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence 
of  two-thirds,  expel  a  member. 

The  Journal.  Section  5,  Clause  3.  Each  house  shall 
keep  a  journal  of  its  proceedings  and  from  time  to  time 
publish  the  same,  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy  ;  and  the  yeas  and  nays  of  the  members 
of  either  house  on  any  question  shall,  at  the  desire  of  one- 
fifth  of  those  present,  be  entered  on   the  journal. 

Our  Knowledge  of  Congressional  Proceedings. — As  citi- 
zens in  a  republican  government,  it  is  our  duty  to  keep  in- 
formed on  the  problems  which  our  representatives  are 
called  upon  to  solve.  Means  of  gaining  information  are  not 
wanting.  The  public  galleries  of  both  Houses  are  usually 
open  to  visitors.  The  official  record  of  the  proceedings  of 
Congress  is  made  known  to  the  public  through  the  Journal, 
which  is  read  at  the  opening  of  each  day's  session.  Reports 
of  the  debates  do  not  appear  in  the  Journal,  but  are  pub- 
lished each  day  in  the  Congressional  Record. 

Another  means  of  keeping  constituents  informed  on  the 


70  THE   NATIONAL   GOVERNMENT. 

position  of  their  representatives  is  through  the  recording 
in  the  Journal  of  the  vote  of  each  member  when  demanded 
by  one-fifth  of  those  present.  In  voting  by  the  "  yeas  and 
nays,"  the  clerk  calls  the  roll  of  members  and  places  after 
each  name,  "yea,"  "nay,"  "not  voting,"  or  "absent." 
The  Senate  rules  specify  this  as  the  only  method  of  voting. 
(Other  methods  of  voting  in  the  House  are  indicated  on 
page  80.) 

Power  to  Adjourn.  —  Section  5,  Clause  4.  Neither  house, 
during  the  session  of  Congress,  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be 
sitting. 

If  there  is  a  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  President  may 
adjourn  them  to  such  a  time  as  he  thinks  proper.  This 
right  has  never  yet  been  exercised. 

Compensation  and  Freedom  from  Arrest.  —  Section  6, 
Clause  1.  The  senators  and  representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  sessions  of  their  respective  houses,  and  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in 
either  house,  they  shall  not  be  questioned  in  any  other  place. 

Should  the  members  of  Congress  be  paid  a  salary,  or 
should  the  office  be  regarded  as  exclusively  one  of  honor? 
These  questions  were  discussed  at  length  in  the  Constitu- 
tional   Convention.     Some  of  the  delegates    favored   the 


POWERS   AND   DUTIES   OF   SEPARATE   HOUSES,      yi 

English  custom,  by  which  members  of  Parliament  receive 
no  salary.  It  was  finally  concluded  to  adopt  the  provi- 
sions as  given,  in  order  that  men  of  ability,  though  poor, 
might  become  members  of  the  National  Legislature. 

By  a  law  of  1789  the  compensation  of  senators  and  representatives  was 
fixed  at  six  dollars  per  day  and  thirty  cents  for  every  mile  traveled,  by 
the  most  direct  route,  in  going  to  and  returning  from  the  seat  of  govern- 
ment. Prior  to  1873,  tn's  amount  was  changed  several  times  by  act  of 
Congress.  The  compensation  then  agreed  upon  and  until  1907  was 
$5000  per  year,  with  mileage  of  twenty  cents,  and  $125  per  annum  for 
stationery.  The  Speaker  receives  $8000  a  year  and  mileage.  The 
President  pro  tempore  received  the  same  amount  while  acting  as  Presi- 
dent of  the  Senate. 

To  many  people  $5000  seemed  a  large  salary,  but  the  great  expense 
of  living  in  Washington  renders  the  salary  quite  inadequate.  Members 
have  been  known  to  pay  more  than  their  salaries  for  house-rent  alone. 
Accordingly,  in  1907,  the  salary  of  senators  and  representatives  was 
increased  to  $7500  and  that  of  the  Speaker  and  President  pro  tempore 
of  the  Senate  to  $12,000. 

To  hold  Other  Offices.  Disqualification.  —  Section  6, 
Clause  2.  No  senator  or  representative  shall,  during  the 
time  for  zvhich  he  is  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been  in- 
creased, during  such  time ;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

The  purpose  of  this  provision  seems  to  have  been  to 
remove  the  temptation  on  the  part  of  Congressmen  to 
create  offices,  or  to  increase  the  emoluments  of  those 
already  existing,  in  order  to  profit  by  such  legislation.  The 
exclusion  of  United  States  officials  from  seats  in  Congress 
was  due  to  the  desire  of  appeasing  State  jealousy,  which 


72  THE   NATIONAL   GOVERNMENT. 

asserted  that  the  National  government  would  in  this  way 
secure  an  undue  influence  over  the  State  governments. 
It  is  advocated,  with  good  reason,  that  members  of  the 
Cabinet  should  be  privileged  to  take  part  in  the  discussion 
of  measures  in  Congress  which  pertain  to  their  own  depart- 
ments. Alexander  Hamilton  asked  for  this  privilege.  It 
was  refused  because  of  the  belief  that  he  would  exert  too 
great  influence  over  the  members.  The  precedent  thus 
established  has  always  been  retained. 

But  since  executive  officers  are  often  invited  to  present 
their  views  before  committees  of  Congress,  they  may,  in 
this  way,  exert  great  influence  upon  legislation. 


CHAPTER   IX. 

HOW   LAWS   ARE   MADE    BY   CONGRESS. 

Methods  of  Procedure  developed  by  Custom.  — Very  little 
can  be  learned  directly  from  the  Constitution  concerning 
the  actual  methods  employed  in  the  enactment  of  laws  by 
Congress.  In  both  houses,  procedure  in  the  conduct 
of  their  business  has  been  developed  by  custom ;  it  has 
changed  from  time  to  time  as  determined  by  circumstances, 
and  it  has  taken  on  forms  that  were  entirely  unanticipated 
by  the  founders  of  our  government.  The  principal  reason 
why  new  methods  of  Congressional  procedure  have  be- 
come necessary  may  be  found  in  the  growth  of  the  amount 
of  business  presented  to  Congress  for  consideration ;  this, 
in  turn,  has  been  caused  by  the  growth  of  population  and 
wealth,  and  by  the  expansion  of  business  relations  through- 
out this  country  and  with  other  nations. 

Several  features  of  Congressional  organization  may  be 
mentioned  as  very  important  in  determining  the  course  of 
legislation.     These  are  :  — 

I.  The  Committee  System. 
II.  The  House  Committee  on  Rules. 

III.  The  Speaker  of  the  House. 

IV.  The  Influence  of  Party  Caucuses. 

I.  The  Committee  System.  —  Two  facts  made  this  system 
necessary  in  the  houses  of  Congress,     (i)  The  number  of 

73 


74  THE   NATIONAL   GOVERNMENT. 

members,  especially  in  the  House  of  Representatives,  is  so 
large  that  business  cannot  be  transacted  with  dispatch  by 
the  entire  body.  (2)  The  number  of  bills  introduced  is  so 
very  great  that  it  is  impossible  for  either  house  to  consider 
all  of  them ;  hence  it  is  necessary  that  committees  shall 
examine  the  bills  and  decide  which  are  worthy  of  consider- 
ation. 

In  the  long  session  of  the  58th  Congress,  more  than  15,000  bills 
were  introduced  into  the  House.  The  number  of  committees  in  the 
House  was  60,  the  membership  varying  from  3  to  18.  The  most  im- 
portant House  committees  are  those  on  Ways  and  Means  (which  has 
charge  of  all  bills  for  raising  revenue),  Appropriations,  Banking  and 
Currency,  Foreign  Affairs,  and  Military  Affairs.  In  the  Senate  of  the 
58th  Congress  there  were  55  standing  committees.  The  number  of 
members  on  a  committee  was  in  most  cases  9  or  11.  A  few  of  the 
Senate  committees  are  those  on  Finance  (corresponding  to  the  commit- 
tee on  Ways  and  Means  in  the  House),  Agriculture,  Commerce,  and 
Foreign  Relations. 

Both  in  the  House  and  in  the  Senate,  every  member  is  on  some  com- 
mittee, and  some  members  have  places  on  several  committees.  In  the 
House  of  Representatives  the  Speaker  appoints  the  committees,  and  he 
selects  the  chairman  and  a  majority  of  the  members  of  each  committee 
from  the  members  of  his  own  party ;  that  is,  from  the  party  that  has  a 
majority  in  the  House.  The  Senate  committees  are  constituted  in  ac- 
cordance with  the  same  rule ;  but  in  the  Senate  the  committees  are 
elected,  rather  than  appointed. 

Steps  in  the  Progress  of  a  Bill.  —  The  importance  of  the 
committee  system  in  Congress  is  found  in  the  power  of 
committees  to  determine  the  destiny  of  bills  that  are  com- 
mitted to  their  charge.  The  introduction  of  a  bill  by  a 
member  of  either  house  is  merely  a  formal  step;  the  bill  is 
immediately  referred  to  a  committee.  When  the  committee 
reports  the  bill  back,  the  house  will  in  a  great  majority  of 
cases  pass  or  reject  it  according  to  the  committee's  recom 


HOW    LAWS   ARE    MADE   BY   CONGRESS.  75 

mendation.  Few  bills  are  debated  in  either  house,  and  in 
the  most  of  these  cases  the  discussion  has  no  influence 
upon  the  fate  of  the  bill  —  it  is  meant  merely  to  be  heard 
or  to  be  printed.  Hence,  it  is  in  that  intermediate  stage 
between  the  reference  of  the  bill  to  a  committee  and  the 
report  on  it  that  the  real  work  of  legislation  is  accomplished. 

The  Power  of  Committees  over  Bills.  —  In  the  course  of 
its  deliberations  a  committee  may  exercise  the  utmost  free- 
dom  with  respect  to  the  bills  referred  to  it.  The  greater 
number  of  bills  receive  no  consideration  whatever  from  the 
committees  ;  these  may  never  be  reported  if  the  committees 
see  fit  to  ignore  them.  Other  bills  are  amended  by  the 
committees,  or  new  bills  are  substituted  for  them.  Such  is 
the  power  intrusted  to  Congressional  committees.  How- 
ever undesirable  in  some  respects  this  method  of  legisla- 
tion may  seem,  its  necessity  has  fixed  it  as  a  permanent 
feature  of  Congressional  procedure. 

Many  of  the  important  committees  have  separate  rooms  where  their 
meetings  are  held.  Here  the  members  may  confer  in  secret,  or  they 
may  allow  or  invite  the  hearing  of  testimony  and  arguments  upon  the 
subjects  of  bills.  Frequently  the  majority  members  of  a  committee 
hold  separate  meetings,  determine  their  policy,  and  then  adhere  to  it 
regardless  of  the  wishes  of  the  minority  members.  The  latter  may  pre- 
sent a  separate  report  called  the  minority  report  of  the  committee. 

II.  The  Committee  on  Rules.  —  Since  only  a  small  pro- 
portion of  the  bills  that  are  reported  favorably  can  receive 
consideration  and  come  to  a  vote,  the  question  now  arises, 
How  is  it  determined  which  bills  shall  be  thus  favored  ? 
In  some  measure  this  depends  upon  the  importance  and 
the  merits  of  the  bill  ;  but  it  depends  more  upon  the  skill 
and  influence  of  the  member  (generally  the  chairman  of 


y6  THE   NATIONAL   GOVERNMENT. 

the  committee  reporting  the  bill)  who  is  particularly  in- 
terested  in  seeing  it  enacted  into  law.  In  the  House  of 
Representatives  this  important  matter  is  decided  by  the 
Committee  on  Rules,  which  is  composed  of  five  members, 
three  being  of  the  party  that  has  a  majority  in  the  House. 
This  committee  decides  which  bills  shall  be  considered,  and 
how  much  time  shall  be  given  to  the  discussion  of  each 
one.  Thus  it  practically  dictates  the  course  of  legislation 
in  the  House.  Sometimes  the  committee  is  overruled  by 
an  opposition  composed  of  the  minority  members  of  the 
House  together  with  a  few  rebellious  members  of  the 
majority  party;  but  such  a  revolt  is  exceptional,  and 
usually  the  Committee  on  Rules  has  its  way.  Some  cen- 
tral authority  like  this,  with  dictatorial,  power,  seems 
necessary  in  order  to  settle  the  disputes  and  rivalries 
arising  among  influential  members  and  important  commit- 
tees ;  these  would  block  each  other's  progress,  and  no 
legislation  whatever  would  be  accomplished,  were  there 
not  some  power  to  decide  which,  in  each  case,  shall  have 
the  right  of  way. 

III.  The  Power  of  the  Speaker. — As  the  Committee  on 
Rules  decides  the  programme  to  be  followed  in  each  day's 
proceedings  in  the  House,  the  Speaker  is  the  executive 
officer  who  sees  that  the  programme  is  adhered  to.  Indeed, 
the  Speaker  is  chairman  of  the  Committee  on  Rules  and 
is  its  most  influential  member.  No  bill  can  come  before 
the  House,  and  no  member  can  address  the  House,  without 
the  Speaker's  consent.  In  all  important  matters,  it  is 
necessary  for  a  member  to  make  an  arrangement  with  the 
Speaker  in  order  to  secure  recognition  when  he  wishes  to 
address  the  House. 


HOW   LAWS   ARE   MADE   BY   CONGRESS.  77 

In  exercising  the  power  of  recognition,  the  Speaker  will, 
of  course,  give  both  the  sides  a  fair  opportunity  to  debate 
upon  important  measures.  He  will  not  permit  members  to 
make  motions,  or  to  protract  debate,  merely  for  the  sake  of 
delaying  some  action  to  which  they  are  opposed.  Within 
recent  years,  obstructive  tactics,  popularly  known  as  fili- 
bustering, are  of  rare  occurrence  in  the  House.  Be- 
fore these  extensive  and  arbitrary  powers  were  intrusted 
to  the  Speaker,  the  minority  members  more  frequently 
obstructed  the  work  of  the  House  and  prevented  all  legis- 
lation because  of  their  opposition  to  a  particular  bill. 

Two  powers  of  the  Speaker  remain  to  be  mentioned 
which  are  no  less  important  in  their  influence  on  legislation 
than  those  already  considered.  He  appoints  all  commit- 
tees of  the  House,  and  in  this  way  marks  out  in  some  im- 
portant matters  the  policy  that  will  be  pursued  in  legisla- 
tion. Again,  the  Speaker  refers  all  bills  introduced  into 
the  House  to  their  appropriate  committees.  Sometimes  the 
Speaker  may  exercise  his  discretion  with  regard  to  the 
committee  to  which  he  refers  a  certain  bill,  and  in  such 
cases  his  influence  upon  the  fate  of  the  bill  is  important. 

We  are  endeavoring  to  analyze  the  complicated  action 
of  the  forces  that  determine  which  bills  shall,  and  which 
shall  not,  be  enacted  by  Congress.  So  far,  we  discover 
that  great  authority  is  intrusted  to  small  groups  of  mem- 
bers—  the  committees.  These  practically  determine  the 
contents  of  all  bills.  We  find  in  the  House  a  central 
directive  committee  ( that  on  Rules)  deciding  which  bills 
shall  be  dropped  and  which  may  be  considered.  Finally, 
we  find  that  the  Speaker  is  the  most  influential  member  of 
Congress,  executing  the    decisions    of  the  Committee   on 


78  THE   NATIONAL  GOVERNMENT. 

Rules  ( that  is,  chiefly  his  own  will )  and  deciding  impor- 
tant questions  at  critical  moments  in  the  course  of  the 
daily  business  of  the  House. 

The  Lobby,  Log-rolling,  and  Patronage. — Not  all  the  bills  that 
come  before  Congress  are  passed  or  rejected  on  their  merits.  The 
influences  that  determine  the  course  of  legislation  at  Washington  are 
very  numerous  and  complicated.  Some  of  these  influences  are  to  a 
greater  or  less  extent  legitimate,  and  others  are  totally  bad.  The 
lobby,  in  its  broadest  sense,  is  composed  of  all  those  persons  who  go  to 
Washington  in  order  to  exert  pressure  upon  Congressmen  in  favor  of  or 
against  certain  measures.  Some  of  the  best  laws  and  some  of  the 
worst  are  enacted  through  the  influence  of  the  lobbyist.  Log-rolling 
is  an  important  influence  in  determining  legislation ;  a  member  votes 
for  the  pet  measure  of  his  fellow-congressman  on  condition  that  the 
latter  will  vote  for  the  bill  in  which  he  is  particularly  interested.  Political 
patronage  is  a  great  factor  in  determining  votes  in  Congress  ;  the  power 
of  members  to  recommend  appointments,1  and  the  influences  exerted 
in  their  favor  by  the  appointees,  often  determine  the  question  of  their 
continuance  in  office.  Consequently,  there  is  a  great  temptation  to  use 
patronage  in  exchange  for  votes.  The  use  of  money  directly  in  bribery 
is  difficult  of  detection,  but  other  favors  and  privileges  of  pecuniary 
value  are  no  less  effective  in  the  purchase  of  the  votes  of  those  members 
who  are  so  unscrupulous  as  to  be  open  to  such  influences. 

Debate  in  the  House.  —  The  fate  of  nearly  all  bills  that 
are  introduced  into  Congress  is  determined  by  the  inter- 
action of  the  various  influences  that  have  received  attention 
so  far  in  this  chapter.  Argument  in  debate  is  a  small 
factor  in  arousing  favorable  influence  or  in  changing  votes. 
In  the  House,  the  Committee  on  Rules  limits  strictly  the 
time  given  to  debate.  The  chairman  of  the  committee 
reporting  a  bill  generally  has  one  hour  in  which  to  urge 
the  passage  of  his  measure  ;  for  a  portion  of  the  time  he 
may  yield  the  floor  to  other  members,  both  friends  and 
opponents  of  the  bill.     Of  course,  much  more  than  one 

'Seep,  134- 


HOW   LAWS   ARE   .MADE    BY   CONGRESS.  79 

hour  is  given  to  debate  on  important  bills.  Many  of  the 
speeches  which  are  printed  in  the  Congressional  Record 
have  not  been  delivered  ;  but  they  are  intended  for  circula- 
tion among  the  constituents  of  Representatives,  and  for  use 
as  campaign  documents.  Many  of  the  speeches  that  are 
actually  delivered  receive  scant  attention ;  the  lack  of 
interest  in  them  is  made  evident  by  the  noise  and  con- 
fusion that  very  often  prevail  during  sessions  of  the  House. 

Senate  Procedure.  —  In  the  Senate,  debate  is  not  limited. 
Senators  are  expected  to  regard  each  other's  rights  with 
respect  to  the  amount  of  time  and  attention  they  may 
demand;  yet  a  bill  may  be  "talked  to  death"  in  the 
Senate.  As  a  result,  the  Senate  is  less  businesslike  in  its 
procedure  than  the  House,  and  some  means  of  checking 
unlimited  discussion  :  have  often  been  proposed  for  it. 

Conference  Committees.  —  If  one  house  amends  a  bill 
which  has  already  passed  the  other,  it  must  be  returned 
-or  re-passage  to  the  house  where  it  originated.  This  is 
a  f.equent  cause  of  conflict  between  the  two  houses,  and 
each  tries  to  insist  on  its  rights.2 

When  such  a  dispute  cannot  be  easily  adjusted,  a  con- 
ference committee  must  be  appointed.  This  is  composed 
of  members  from  each  house,  and  they  endeavor  to  arrange 
a  compromise  which  will  be  acceptable  to  both  houses. 
Generally  their  decision  is  ratified  without  question,  but 
sometimes  even  this  method  of  settlement  fails. 

1  This  is  called,  technically,  a  rule  for  "  closure." 

2  Within  very  recent  years  the  Senate  has  shown  itself  to  be  the  stronger 
body.  This  is  partly  because  its  members  have  longer  terms,  and  so  become 
more  skillful  in  exerting  their  influence  and  adhering  to  their  demands. 


80  THE   NATIONAL  GOVERNMENT. 

Methods  of  Voting.  —  There  are^three  methods  of  voting 
in  Congress,  (i)  Members  respond  "aye"  or  "no"  by 
acclamation.  (2)  If  a  division  is  called  for,  a  rising  vote 
is  taken  and  the  members  are  counted.  In  the  House,  the 
counting  is  done  by  two  tellers,  who  stand  near  the 
Speaker's  desk,  while  the  members  pass  between  them  in 
single  file,  first  those  voting  in  the  affirmative,  and  after- 
ward those  opposing  the  motion.  When  the  "yeas  and 
nays  "  are  called  for,  or  whenever  the  rules  of  either  house 
require  them,  the  roll  is  called  and  each  member  votes  as 
he  responds  to  his  name.  This  vote  is  entered  on  the 
journal.1 

After  the  roll-call  is  completed,  the  presiding  officer  announces  the 
pairs.  Members  who  belong  to  different  political  parties  may  agree 
that  they  shall  be  recorded  on  opposite  sides  of  party  questions, 
whether  they  are  present  or  not.  Or  pairs  may  be  arranged  for  partial 
lar  votes  only.  This  device  enables  a  member  to  be  absent  from  his 
seat  without  feeling  that  his  vote  is  needed. 


'& 


The  President's  Power  in  Lawmaking.  —  A  bill  which 
has  received  a  majority  vote  in  both  houses  is  next  sent  to 
the  President. 

Article  1,  Section  7,  Clause  2.  Every  bill  which  shall 
have  passed  the  House  of  Representatives  and  the  Senate 
shall,  before  it  become  a  law,  be  presented  to  the  President 
of  the  United  States  ;  if  he  approve  he  shall  sign  it,  but  if 
not  he  shall  return  it,  with  his  objections,  to  that  house  in 
zvJiicJi  it  shall  have  originated,  tvho  shall  enter  the  objec- 
tions at  large  on  their  journal  and  proceed  to  reconsider  it. 
If  after  sucJi  reconsideration  tzuo-thirds  of  that  house  shall 
agree  to  pass   the   bill,  it  shall  be  sent,  together  with  tJie 

1  See  pp.  69-70. 


HOW   LAWS   ARE   MADE   BY   CONGRESS.  8 1 

objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  house  it 
shall  become  a  law.  But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  nanus 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Congress  by  their  adjournment  prevent  its  return,  hi 
zvhicli  case  it  shall  not  be  a     law. 

The  framers  of  the  Constitution  intended  that  the  veto 
power  should  be  a  check,  though  not  an  absolute  one,  upon 
hasty  or  unwise  legislation.  The  President  may  cause  a 
bill  to  fail  by  neither  signing  nor  vetoing  it  during  the  last 
ten  days  of  a  session.  The  term  pocket  veto  has  been 
applied  to  this  method  of  defeating  bills. 

SUPPLEMENTARY   QUESTIONS    AND    REFERENCES. 

1.  Copies  of  the  Congressional  Record  and  the  Congressional  Direc- 

tory furnish  interesting  illustrations  of  the  topics  treated  in  this 
chapter. 

2.  Procedure  in  the  Senate,   Ashley,  The  American  Federal  State, 

228-231.     In  the  House,  ibid.,  250-258,  263-264. 

3.  What  difference  is   there   in   the   granting    of  recognition   in  the 

Senate  and  House  ?     Harrison.  This  Country  of  Ours,  45-48. 

4.  An  interesting  account  of  the  appearance  and  character  of  the 

Senate.  Bryce,  I,  1 14-120  (117-123). 

5.  The  character  of  Representatives  —  procedure  in  the  House — the 

number  of  bills  introduced,  Bryce,  I,  124-134  (128-138). 

6.  What  appearance  does  the  House  make  when  at  work?     Bryce.  I, 

138-144  (142-148). 

7.  An  Eng'ishman's  criticisms  on  our  committee  system,  Bryce,  I, 

153-160  (157-164). 
G 


82  THE   NATIONAL   GOVERNMENT. 

8.  General  observations  on  Congress,  Bryce,  I,  Chapter  19. 

9.  How  are  obstructive  tactics  carried  on  ?     Alton,  Among  the  Law- 

makers, Chapter  20. 

10.  Why  is  there  little  debate  in  the  House  of  Representatives?  Wil- 
son, Congressional  Government,  72-73,  86-102. 

SI.  The  Senate,  Forum,  31:423-431;  N.  Am.  Rev.,  174:230-244; 
Century  Mag.,  65  :  499-5*5- 

12.  Our  Process  of  Lawmaking,  Arena,  23:480-484;    Century  Mag., 

64: 170-187. 

13.  The    Speaker's    Influence,    Rev.    of    R's,   21:85-86;    Arena,    21: 

653-666. 

14.  Comparisons  of  Congress  with  Parliament,  N.  Am.  Rev.,  170:78- 

86  ;  Arena,  23  :  593-605. 


CHAPTER   X. 

SOME   IMPORTANT   POWERS   OF   CONGRESS. 

I.    National  Finances. 

The  Power  of  Taxation.  —  When  we  speak  of  the 
finances  of  a  country,  we  mean  its  revenues  and  expendi- 
tures. Revenues  have  their  origin  chiefly1  in  taxation, 
and  the  power  vested  in  Congress  by  virtue  of  which  taxes 
are  imposed  and  collected  is  found  in  the  following  clause : 

Article  I,  Section  8,  Clause  i.  The  Congress  shall  have 
power  to  lay  and  collect  taxes,  duties,  imposts  and  excises, 
to  pay  the  debts  and  provide  for  the  common  defense  and, 
general  welfare  of  the  United  States;  but  all  duties,  impost! 
and  excises  shall  be  uniform  throughout  the  United  States. 

Duties  on  Imports.  —  The  two  forms  of  taxes  relied  upon 
by  the  United  States  for  its  revenues  are  (i)  duties  and. 
(2)  excises.2  A  duty  is  a  tax  levied  upon  goods  that  are 
imported  into  the  United  States.3  The  merchant  doing 
business  in  New  York,  for  example,  cannot  obtain  posses- 
sion of  the  goods  he  has  imported  until  the  officers  of  the 
custom-house  at  that  port  have  examined  the  invoice,  or 
the  list  of  articles  in  each  package,  with  their  prices ;  and 

1  Considerable  sums  are  derived  by  our  National  government  from  the  sale 
of  public  lands.     See  Chapter  on  Territories  and  Public  Lands. 

-  The  terms  duties  and  imposts  are  nearly  synonymous. 

3  Duties  on  exports  are  prohibited  in  Section  9,  Clause  5,  of  Article  I: 
No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

S3 


84  THE  NATIONAL   GOVERNMENT. 

the  officers  may  examine  the  goods,  also,  to  see  if  they 
correspond  in  amount  and  quality  to  the  statements  of  the 
invoice.  The  importer  then  pays  to  the  collector  of  the 
port  of  New  York  the  amount  of  the  duty  levied  on  his 
importation. 

Kinds  of  Duties.  —  These  are  of  two  kinds,  (i)  Specific  duties  are 
fixed  amounts  levied  on  certain  units  of  measurement  of  commodities, 
as  the  pound,  yard,  or  gallon.  (2)  Ad  valorem  duties  are  levied  at  a 
certain  rate  per  cent  on  the  value  of  the  articles  taxed.  Below  are  given 
several  examples  of  duties  imposed  by  the  tariff  law  of  1897  (the  Ding- 
ley  law) . 

Watches,  40  per  cent  ad  val. 

Umbrellas,  50  per  cent  ad  val. 

Leather  manufactures,  35  per  cent  ad  val. 

Glassware,  60  per  cent  ad  val. 

Apples,  25^  per  bushel. 

Honey,  10  f  per  gallon. 

Cheese,  6?  per  pound. 

Table  knives,  16  ^  each  and  15  per  cent  ad  val. 

Blankets,  11  f  per  pound  and  30  per  cent  ad  val. 

It  is  apparent  that  on  some  articles  both  kinds  of  duties  are  levied. 

In  the  fiscal  year  ending  June  30,  1902,  the  total  amount  of  duties 
collected  was  $254,500,000.  New  York  is  by  far  the  most  important 
oort  of  entry. 

Passengers  on  steamships  coming  from  foreign  countries  are  required 
to  declare  what  dutiable  goods  they  have  among  their  baggage,  each 
person  being  allowed  to  enter  $100  worth  of  goods  free  of  duty.  Upon 
landing,  their  baggage  is  examined  ;  trunks  and  valises  are  opened,  and 
in  suspected  cases  the  persons  of  travelers  are  searched  for  concealed 
dutiable  goods.  The  temptation  to  undervaluation  and  to  smuggling, 
in  order  to  escape  this  form  of  taxation,  is  so  great  that  constant  vigi- 
lance is  necessary  at  custom-houses  and  along  the  borders  of  the  United 
States  to  prevent  these  frauds.  Special  agents  and  revenue  cutters  are 
employed  to  detect  violations  of  the  law. 

Tariff  Laws.  —  A  tariff  is  the  list  of  the  rates  of  duties 
fixed  by  law.     An  importer  of  foreign  goods  must  consider 


SOME    IMPORTANT    POWERS    OF    CONGRESS.  85 

the  amount  of  the  duties  he  has  paid  as  part  of  the  cost  of 
the  goods  when  he  sells  them.  If  a  higher  price  is  caused 
in  this  way,  this  may  deter  importation  and  encourage  the 
production  of  such  articles  in  this  country.  Consequently, 
high  rates  of  duties  may  have  a  decided  influence  upon  the 
industries  of  a  country.  When  the  rates  of  duties  are  so 
adjusted  as  to  bring  about  this  result,  we  have  a  protective 
tariff  ;  i.e.  one  under  which  persons  can  produce  in  this 
country  certain  articles  which  otherwise  they  could  not 
produce,  because  of  their  cheapness  when  imported  from 
a  foreign  country.  The  duties  are  made  so  high  that  it  is 
not  profitable  to  import  the  articles.  When  rates  of  duties 
are  fixed  primarily  with  the  object  of  raising  revenue,  and 
without  regard  to  their  effect  upon  the  industries  of  the 
country,  we  have  a  tariff  for  revenue.  This  kind  of  tarif 
is  generally  meant  when  the  term  free  trade  is  used. 
Articles  on  which  no  duties  are  imposed  are  said  to  be 
on  the  free  list.  There  is  no  country  which  fails  to  collect 
duties  on  some  of  its  importations. 

Reciprocity  Agreements.  —  The  United  States  has  entered  into 
reciprocity  treaties  with  various  countries  for  securing  the  reduction  of 
.ariff  rates.  Each  country  agrees  to  admit  certain  products  of  the 
other  country  at  reduced  rates,  or  free  of  duty.  These  are  generally 
commodities  in  the  production  of  which  there  is  little  or  no  competi- 
tion between  the  parties  to  the  treaty. 

Internal  Revenue  Taxes.  —  Excises  are  taxes  laid  upon 
the  manufacture  and  sale  of  certain  products  within  the 
country.  At  the  present  time  these  internal  revenue  taxes 
are  levied  by  the  National  government  upon  liquors,1  to- 

1  Taxes  are  levied,  not  only  upon  the  liquors  themselves,  but  upon  the 
business  of  brewing  and  rectifying  ;   of  selling  by  wholesale  and  by  retail  ;   of 


86  THE   NATIONAL   GOVERNMENT. 

bacco,  snuff,  opium,  oleomargarine,  filled  cheese,  mixed 
flour,  and  playing  cards.  The  greater  number  of  these 
taxes  are  paid  by  the  purchase  of  stamps,  which  must  be 
affixed,  in  the  proper  denominations,  to  the  articles  taxed. 
When  the  packages  are  broken,  the  stamps  must  be  de- 
stroyed so  that  they  cannot  be  used  again. 

War  Taxes.  —  Because  taxes  of  this  kind  are  so  easily  collected,  the 
government  has  extended  them  to  a  great  number  of  articles  when  it 
suddenly  needed  a  large  revenue,  as  in  the  War  of  1812,  the  Civil  War, 
and  the  Spanish  War  of  1898.  The  law  of  1898  increased  the  taxes  on 
liquors  and  tobacco,  and  imposed  new  taxes  on  (1)  proprietary  articles, 
and  (2)  documents.  Under  the  first  heading  fall  patent  medicines  and 
compounds  of  various  kinds.  Documentary  taxes 1  were  imposed  upon 
legal  papers,  such  as  deeds,  mortgages,  etc.,  and  also  upon  bank  checks 
and  drafts,  telegraph  and  telephone  messages,  and  express  receipts. 
Under  this  law  the  internal  revenue  receipts  rose  from  $170,000,000  in 
1898,  to  $273,000,000  in  1899.  Congress  has  repealed  these  special 
war  taxes. 

The  law  of  1898  also  levied  taxes  on  bankers  and  brokers;  and  it 
included  a  legacy  tax,  which  is  still  in  force.  Inheritances  above 
$  1 0,000  are  taxed  at  various  rates,  which  differ  with  the  degrees  of  re- 
lationship that  may  exist  between  the  one  who  bequeaths  the  property 
and  the  persons  inheriting  it. 

Rules  for  Levying  Taxes. — The  Constitution  contains 
two  rules  by  which  Congress  must  be  guided  in  the  levy- 
ing of  taxes.  We  have  seen,  Article  I,  Section  8,  Clause  1, 
that  duties,  imposts,  and  excises,  must  be  uniform,  through- 
out the  United  States ;  that  is,  the  same  rates  must  pre- 
vail everywhere.  Another  provision,  Article  I,  Section  2, 
Clause  3,  is  that  representatives  and  direct  taxes  shall  be 

manufacturing  stills  ;  and  upon  the  stills  themselves.  A  list  of  these  taxes 
may  be  obtained  from  the  collector  of  any  internal  revenue  district. 

1  These  were  exactly  like  those  imposed  by  Parliament  in  the  Stamp  Act 
of  1765. 


I.    Direct 

persons, 

taxes, 

lands, 

levied  on 

incomes. 

II.  Indirect 

duties, 

taxes 

imposts, 

excises. 

SOME   IMPORTANT   POWERS   OF   CONGRESS.         87 

4 

apportioned  among  the   several   States  .    .   .   according   to 
their  respective  numbers} 

We  have,  therefore,  the  following  classification  :  — 

Must  be  apportioned  among 
the  States  according  to  popu- 
lation. 

Must  be  uniform  throughout 
the  United  States. 


So  far,  we  have  discussed  the  indirect  taxes  only,  for  at 
present  the  United  States  levies  no  direct  taxes.  In  our 
previous  history,  however,  the  government  has  imposed 
all  the  kinds  of  taxes  mentioned  in  the  outline  above.  In 
levying  a  direct  tax,  Congress  must  determine  the  total 
amount  to  be  raised  (as  $2,000,000  in  1798,  and  $20,000,000 
in  1 861),  and  then  apportion  this  amount  among  the 
States,  according  to  their  population.  It  is  evident  that, 
if  this  kind  of  tax  is  imposed  upon  property  or  incomes, 
the  rate  will  not  be  uniform  throughout  the  United  States. 

The  bills  introduced  into  Congress  which  provide  for 
taxation  are  called  "bills  for  raising  revenue."  They 
must  originate  in  the  House  of  Representatives  (Article  I, 
Section  7,  Clause  1).  The  Committee  on  Ways  and  Means 
frames  these  bills.  In  the  Senate,  such  bills  are  referred 
to  the  Committee  on  Finance,  and  here  the  bills  mav  be 
amended. 

1  See  also  Article  T,  Section  9,  Gause  4  :  No  capitation,  or  other  direct,  tax 
shall  he  laid  unless  in  proportion  to  the  census  or  enumeration  hereinbefore 
directs  to  be  taken. 

2  These  art;  poll  taxes.     Such  a  tax  was  levied  on  slaves  in   170S  and  1813. 


$8 


THE   NATIONAL  GOVERNMENT. 


The  Appropriation  of  Money.  —  Appropriation  bills  are 
those  which  provide  for  the  expenditure  of  the  govern- 
ment's funds,  and  these  bills  are  in  charge  of  the  com- 
mittee on  appropriations  in  each  house. 

Below  is  a  list  of  the  principal  items  in  the  revenues  and 
appropriations  for  the  year  ending  June  30,  1903. 

Revenues. 

Duties $284,500,000 

Internal  revenue 230,800,000 

Miscellaneous 45,096,000 

Total 


Expenditures. 


War  Department 

Navy  Department     . 

Indian  Bureau 

Pensions 

Interest  on  public  debt 

Civil  list  and  miscellaneous 

Total 


$560,396,000 


$1 18,600.000 
82,600.000 
12,900,000 

138,400,000 
28,500,000 

125,000.000 

$506,000,000 


The  Power  to  borrow  Money.  —  We  have  now  seen  how 
money  is  provided  for  the  government  under  ordinary  cir- 
cumstances. In  extraordinary  cases  this  revenue  is  not 
sufficient ;  accordingly,  Congress  has  been  given  power  by 
Article  I,  Section  8,  Clause  2,  To  borrow  money  on  tlie  credit 
of  the  United  States. 

Money  is  borrowed  in  most  cases  by  the  sale  of  bonds. 
These  are  of  the  same  nature  as  the  promissory  notes  by 
which  individuals  obtain  loans.  National  bonds  state  the 
promise  of  the  United  States  to  pay  a  certain  amount,  at  a 
stated  time,  with  interest.  A  "  registered  "  bond  contains 
the  name  of  the  owner,  and  this  is  a  matter  of  record  at  the 


SOME    IMPORTANT    POWERS    OF  CONGRESS.         89 

treasury  department.  When  this  bond  is  transferred, 
the  record  must  be  changed.  "  Coupon  "  bonds  are  usually 
payable  to  bearer;  they  have  attached  to  them  a  number  of 
coupons  equal  to  the  number  of  interest  payments  due 
during  the  term  of  the  bond. 

Bonds  are  bought  and  sold  on  the  market,  and  their  prices  are  quoted 
in  the  daily  papers.  When  the  bonds  fall  due,  they  are  redeetned  by 
the  government  at  their  face  value,  or  "  at  par."  On  the  market  all 
United  States  bonds  are  now  selling  "at  a  premium.1'  Issues  of  bonds 
were  made  in  1898,  the  rate  of  interest  being  3  per  cent,  and  in  1900, 
the  rate  being  2  per  cent.  The  Public  Debt  Statement  issued  monthly 
by  the  treasury  department  gives  the  divisions  of  the  bonded  debt 
and  the  amount  outstanding.  On  May  31,  1904,  the  amount  of  the 
interest-bearing  debt  was  5895,157,430. 

II.     The  Power  of  Congress  over  Commerce. 

The  Control  of  Commerce.  —  The  power  over  commerce, 
which  we  are  next  to  discuss,  was  given  to  Congress  be- 
cause the  history  of  the  country  under  the  Articles  of  Con- 
federation demonstrated  conclusively  the  fact  that  State 
control  of  commerce  was  entirely  inadequate.  Through 
Congressional  control  we  secure  that  uniformity  which  is 
essential  to  security  and  prosperity  in  commercial  matters. 
Not  all  commerce  that  is  carried  on  by  the  citizens  of  this 
country  is  subject  to  control  by  Congress.  The  Constitu- 
tion gives  it  the  power,  in  Article  I,  Section  8,  Clause  3, 
To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes. 

There  is  a  vast  amount  of  commerce  that  is  carried  on 
entirely  within  the  limits  of  the  different  States.  Over  this 
commerce  Congress  has  no  power ;  it  is  regulated  by  State 
laws  relating  to  trade  and  transportation. 


90  THE    NATIONAL  GOVERNMENT. 

Interstate  Commerce.  —  The  distinction  between  State 
and  interstate  commerce  is  not  readily  seen  in  many  cases  ; 
but  in  general  it  may  be  said  that  if  a  commodity  starts  in 
one  State  destined  for  another,  its  control  throughout  its 
course  lies  within  the  power  of  Congress.  This  principle 
applies  to  both  land  and  water  transportation.  So  the 
coast  trade  among  the  States  lies  within  the  jurisdiction  of 
Congress ;  also,  commerce  upon  those  rivers  that  form 
highways  between  different  States.  The  harbors  and 
waterways  of  the  United  States  have  been  improved  by 
the  expenditure  of  many  millions  of  dollars.  This  money 
has  been  appropriated  in  the  "  River  and  Harbor  Bills " 
that  are  passed  by  almost  every  Congress. 

The  Interstate  Commerce  Law.  —  The  importance  of  rail- 
road transportation  led  to  the  enactment,  in  1887,  of  the 
"  Interstate  Commerce  Law,"  controlling  this  form  of  com- 
merce. The  law  became  necessary  because  of  certain 
abuses  which  had  arisen.  In  many  instances,  the  rail- 
roads gave  lower  freight  rates  to  certain  persons  than  to 
others  doing  the  same  kind  of  business  ;  again,  the  mer- 
chants or  manufacturers  of  certain  cities  were  favored  by 
more  liberal  rates  than  could  be  obtained  by  those  who 
were  engaged  in  the  same  industries  in  other  cities.  As  a 
result,  the  business  of  many  persons  and  places  suffered 
injury,  while  the  business  of  their  rivals  prospered  through 
the  advantages  given  to  them  by  the  railroads.  In  conse- 
quence, the  Interstate  Commerce  Law  provided  that  all 
rates  should  be  "just  and  reasonable."  It  was  made  un- 
lawful to  discriminate  by  giving  to  any  particular  person, 
corporation,   or   locality  an  unreasonable   advantage  over 


SOME    IMPORTANT    POWERS    OF   CONGKE  91 

others.1  All  rates  for  interstate  commerce  must  be  made 
public  under  this  law.  Finally,  the  Interstate  Commerce 
Commission  was  created  to  supervise  the  administration  of 
the  law. 

The  Interstate  Commerce  Commission.  —  Complaints  con- 
cerning the  violation  of  the  Interstate  Commerce  Law  are 
made  to  this  Commission,  which  consists  of  five  members 
appointed  by  the  President  and  confirmed  by  the  Senate. 
The  Commission  cannot  inflict  penalties  upon  persons  who 
are  found  by  their  investigations  to  have  violated  the  law ; 
this  can  be  done  only  after  the  offender  has  been  tried  and 
found  guilty  in  a  court.  Consequently,  although  some 
abuses  have  been  corrected,  the  railroads  still  engage  in 
other  practices  that  are  prohibited,  and  additional  power 
must  be  given  to  the  Interstate  Commerce  Commission 
before  it  can  prevent  the  violation  of  the  law. 

The  Control  of  Trusts.  —  Among  the  abuses  arising  in 
connection  with  interstate  commerce  are  those  which  re- 
sult when  persons  enter  into  agreements  or  combinations  to 
prevent  free  competition  ;  for  under  these  circumstances 
prices  are  raised,  or  certain  persons  are  favored  in  trade. 
In  1890,  Congress  passed  a  law  prohibiting  such  combina- 
tions "  in  restraint  of  trade  or  commerce  among  the  several 
States  or  with  foreign  nations."  This  is  known  as  the 
Sherman  Anti-trust  Law.  Now,  a  trust  is  simply  a  large 
corporation  which  has  absorbed  or  killed  off,  more  or  less 
completely,  other  establishments  engaged  in  the  same  in- 
dustry.    The  trust  may  or  may  not  have  a  monopoly,  that 

1  The  57th  Congress  passed  in  1905  a  law  providing  penalties  for  the  grant- 
ing and  the  acceptance  of  "  rebates." 


92  THE  NATIONAL   GOVERNMENT. 

is,  complete  control  in  that  line  of  business ;  and  it  may  or 
may  not  be  engaged  in  interstate  commerce.  An  agree- 
ment among  certain  railroad  companies  to  establish  and 
maintain  freight  rates  was  declared  to  be  in  violation  of  the 
law  of  1890.  Also,  a  combination,  or  "  conspiracy,"  among 
railroad  employees  to  stop  the  running  of  trains  was  de- 
clared illegal.1 

The  "  trust  problem,"  which  is  so  prominent  in  current  political  dis- 
cussion, is  the  question  of  preventing  the  evils  of  combination  in 
industry.  These  evils  become  evident  when  excessive  prices  are 
charged  by  persons  who  control  certain  lines  of  business ;  that  is,  when 
free  competition  is  prevented  in  the  production,  transportation,  or  sale 
of  commodities.  If  the  business  conducted  by  a  trust  lies  entirely 
within  the  limits  of  a  single  State's  boundaries,  then  it  must  be  regu- 
lated by  State  law.  How  far  Congress  may  go  in  its  regulation  of 
trusts  under  the  interstate  commerce  clause  of  the  Constitution,  quoted 
above,  is  an  unsettled  problem.  Some  authorities  hold  that  the  power 
of  Congress  is  sufficient  to  meet  all  cases ;  while  others  believe  that  the 
Constitution  must  be  amended  before  Congress  can  pass  laws  which  will 
prevent  the  evils  of  combination  in  industry.2 

III.     The  Money  of  the  United  States. 

Our  National  Currency.  —  Another  of  the  most  important 
powers  of  Congress  is  that  granted  in  the  following 
clause :  — 

Article  I,  Section  8,  Clause  5.  To  coin  money,  regulate 
the  value  thereof,  and  of  foreign  coin,  and  fix  the  standard 
of  weights  and  measures. 

In  civilized  countries  it  is  the  practice  of  the  govern- 
ment to  furnish  to  the  people  a  "  circulating  medium  "  for 

1  Other  cases  are  cited  in  "  Government  in  State  and  Nation,"  p.  203. 

2  The  Commissioner  of  Corporations  in  the  Department  of  Commerce  and 
Labor,  which  was  created  in  1903,  has  authority  to  investigate  the  manner 
in  which  corporations  conduct  their  interstate  business. 


SOME   IMPORTANT   POWERS   OF   CONGRESS.         93 

use  in  trade  and  commerce.  Two  kinds  of  money  are  in 
use  in  the  United  States  :  (1)  coin,  or  specie  ;  and  (2)  paper 
money.  The  total  amount  of  money  in  circulation  in  the 
United  States  on  October  1,  1903,  was  $2,404,617,000, 
or  $29.75  per  capita  for  the  whole  population.  Of  this 
amount,  two-thirds,  roughly  speaking,  was  paper  money  of 
the  various  kinds,  and  one-third  was  metal  money.1  We 
shall  first  consider  the  coins  of  the  nation. 

• 

How  Coins  are  Made.  —  The  coinage  of  money  takes 
place  at  the  mints,  which  are  located  at  Philadelphia, 
Denver,  New  Orleans,  and  San  Francisco.  Gold  and 
silver  come  to  the  mints  in  the  form  of  bricks,  or  rough 
bars,  to  which  the  term  bullion  is  applied.  Alloy  must  be 
added  to  the  pure  metal  for  the  purpose  of  rendering  it  of 
sufficient  hardness  to  withstand  wear.  In  our  gold  and 
silver  coins  one-tenth  of  the  weight  is  an  alloy  composed 
of  copper  and  nickel.  A  quantity  of  the  bullion  of  the 
required  purity  is  first  melted  and  then  cast  into  ingots, 
or  long  bars.  Each  bar  is  next  run  between  heavy  rollers 
until  it  takes  the  form  of  a  thin  strip.  From  the  strip  are 
punched  round  pieces,  called  "blanks."  of  the  size  and 
thickness  of  the  coin  that  is  being  made.  In  the  next 
process  the  blank  is  weighed  on  a  delicate  balance ;  when 
found  to  be  of  the  correct  weight,  the  coin  is  placed  in  a 
powerful  press,  and  from  this  it  comes  with  its  edge  raised 
above  the  face  and  its  edge  milled.  In  a  similar  press  the 
designs  are  stamped  upon  the  faces  of  the  coin. 

1  Annual  Report,  Secretary  of  the  Treasury,  1903,  pp.  129-132.  In  ad- 
dition to  this  amount  in  circulation  the  United  States  Treasury  contained 
$316,000,000,  of  which  S26o,000,ooo  was  gold. 


94  THE   NATIONAL  GOVERNMENT. 

Below  is  a  list  of  the  coins  now  being  minted. 

Gold  Coins.1 
Double  eagle  Half- eagle 

Eagle  Quarter-eagle 

Silver  Coins. 
Standard  dollar  Quarter  dollar 

Half  dollar  Dime 

Minor  Coins. 
Five-cent  (nickel)  One  cent  (bronze) 

The  silver  coins  less  in  value  than  one  dollar  are  called  subsidiary 
coins. 

The  Ratio  of  Gold  and  Silver  Coins. —  The  law  fixes  the  weight  of 
pure  metal  in  a  silver  dollar  at  371.25  grains,  troy  weight,  and  that  of 
the  pure  metal  in  a  gold  dollar  at  23.22  grains.  The  ratio  of  these 
weights  is  15.988+  :  1,  or  nearly  16: 1.  This  indicates  the  origin  of 
the  famous  expression,  "  sixteen  to  one.'" 

Free  Coinage.  —  ^  free  coinage  is  meant  a  policy  established  by  law, 
under  which  any  person  may  bring  bullion  to  the  mint  in  any  amount 
and  have  it  coined ;  that  is,  the  amount  which  the  government  will  coin 
is  unlimited  by  law.  Our  country  has  always  had  the  policy  of  free 
coinage  with  respect  to  gold.  This  was  also  the  policy  in  the  coinage 
of  our  silver  dollars  until  1873.  At  that  time  the  coinage  of  the  silver 
dollar  was  discontinued  until  a  law  was  passed  in  1878  (the  Bland  Act) 
renewing  its  coinage,  but  in  limited  quantities.  The  government 
purchased  silver  bullion  under  this  law,  and  under  the  Sherman  Act 
(1890),  but  since  1893  no  silver  bullion  has  been  purchased  for  the 
coinage  of  silver  dollars,  but  the  bullion  already  on  hand  has  been 
u.sed  for  this  purpose. 

Paper   Money.  —  We   have  in  the    United   States   five 
kinds  of  paper  money  in  general  circulation:  — 

Kin-Is.  Amounts  outstanding  Oct.  I,  1903. 

1 .  United  States  notes $346,000,000 

2.  Gold  certificates 420,000,000 

3.  Silver  certificates 464,000,000 

4.  National  bank  notes 420,000,000 

5.  Treasury  notes  of  1890         ....         17,000,000 

1  No  gold  one-dollar  pieces  have  been  coined  since  1890. 


SOME    IMPORTANT    POWERS    OF   CONGRESS.         95 

The  History  of  United  States  Notes.  —  United  States 
notes,  or  "  greenbacks,"  as  they  are  commonly  called, 
originated  during  the  Civil  War.  When  the  government 
was  without  specie  with  which  to  purchase  supplies  for 
the  army  and  pay  other  expenses,  it  issued  these  notes. 
Each  note  says  on  its  face,  "  The  United  States  will  pay 

to  bearer  $ "    Since  no  time  was  set  for  the  fulfillment 

of  this  promise,  and  since  there  was  neither  gold  nor 
silver  in  the  treasury  with  which  to  redeem  the  notes, 
people  would  naturally  hesitate  to  accept  them  in  payment 
for  goods  or  salaries.  Consequently,  Congress  made  the 
notes  "  legal  tender  "  ; l  that  is,  the  law  compelled  cred- 
itors to  receive  this  kind  of  money  in  payment  for  debts. 
The  notes  passed  into  circulation,  therefore,  because 
people  were  forced  to  take  them  ;  but  their  value  de- 
preciated greatly  during  the  war.  In  1879  the  govern- 
ment began  the  redemption  of  the  notes  in  specie,  and 
since  that  time  they  have  been  worth  their  face  value. 

Gold  and  Silver  Certificates.  — ■  It  is  much  more  con- 
venient to  handle  paper  money'  than  coins.  Consequently, 
provision  is  made  for  the  gold  certificates  and  silver  cer- 
tificates which  represent,  respectively,  gold  coins  and  silver 
dollars  stored  in  the  United  States  treasury  and  ready  for 
exchange  for  the  certificates  at  any  time. 

National  Bank  Notes.  —  The  fourth  kind  of  paper  money 
is  issued  by  national  banks.  These  are  organized  under 
United  States  law  and  subject  to  control  by  an  officer  of 

1  Our  full  legal  tender  coins  at  present  are  the  gold  coins,  silver  dollars, 
United  States  notes  and  treasury  notes  of  1S90.  Subsidiary  silver  coins  are 
legal  tender  in  amounts  not  greater  than  $10.00,  and  the  minor  coins  are  legal 
tender  to  the  amount  of  twentv-five  cents. 


96  THE    NATIONAL   GOVERNMENT. 

the  Treasury  Department.  Like  banks  that  are  organized 
under  State  law,  national  banks  conduct  the  ordinary- 
banking  operations.  This  part  of  their  business  is  subject 
to  failure,  and  the  depositors  are  liable  to  loss,  as  in  the 
case  of  other  banks.  But  the  holder  of  a  National  bank 
note  may  always  be  sure  of  the  fulfillment  of  the  promise 

printed  on  its  face,  that  "The  National  Bank  of 

will  pay  the  bearer  $ ,  on  demand."     This  is  because 

the  security  for  these  notes  consists  of  United  States  bonds. 
Every  National  bank  owns  an  amount  of  these  bonds  equal 
to  the  amount  of  its  notes  in  circulation  ;  the  bonds  are 
deposited  with  the  government  at  Washington,  and  if  the 
bank  should  fail,  the  bonds  may  be  sold  by  the  government 
and  thus  specie  will  be  secured  with  which  to  redeem  the 
notes. 

The  amount  of  treasury  notes  of  1890  is  comparatively 
small,  and  this  kind  of  money  is  destined  to  disappear 
within  a  few  years. 

SUPPLEMENTARY    QUESTIONS   AND    REFERENCES. 

1.  The  tariff  schedule  in  force  at  the  present  time  may  be  found  in 

newspaper  almanacs.  Is  this  tariff  high,  low,  or  moderate  in 
its  rates  ? 

2.  The  Statistical  Abstract,  published  by  the  Bureau  of  Statistics  of 

the  Treasury  Department,  gives  the  list  of  items  upon  which 
duties  and  internal  revenue  taxes  are  collected,  and  the  amounts 
yielded  by  each  for  a  series  of  years  ;  the  expenditures  of  the 
government,  with  the  chief  items;  a  statement  of  the  National 
debt ;   and  statistics  concerning  the  money  of  the  United  States. 

3.  Why   do    liquors    and    tobaccos    bear   the    heaviest    excise    taxes? 

What  reasons  can  you  give  for  taxing  the  other  articles  men- 
tioned on  p.  86  ? 

4.  For  a  statement  of  the  principal  items  of  the  public  debt  in  1901. 

see  James  and  Sanford,  Government  in  State  and  Nation,  p.  193. 


SOME    IMPORTANT    POWERS    OF   CONGRES  97 

5.  The  evils  of  trusts  and  the  remedies  proposed  are  discussed  in  the 

following  articles:  Arena,  23:40-58.  617-626;  24:569-572;  25: 
264-270.  Atl.  Mo..  87:736-745;  89:332-339.  Cent.  Mag., 
60:143-149,  152-153.  Forum,  28:412-426;  30:286-293.  N.  Am. 
Rev.,  174  :  778-784.     Nation,  71  :  4-5. 

6.  Because  our  coins  contain  one-tenth  alloy,  they  are  said  to  be  nine- 

tenths  fine.  Calculate  from  the  weights  of  pure  metal,  given  on 
p.  94,  the  total  weights  of  the  gold  and  silver  dollars. 

7.  For  information  concerning  the  Act  of  Congress  fixing  a  "  standard 

of  weights  and  measures,"  see  Government  in  State  and  Nation, 
219. 

8.  The  depreciation  of  the  United  States  notes,  referred  to  on  p   95, 

is  shown  graphically  in  Government  in  State  and  Nation,  21a 


iff. 


CHAPTER   XI. 
OTHER  GENERAL  POWERS  OF  CONGRESS. 

I.    Power  of  Naturalization. 

Who  are  Citizens.  —  Who  are  citizens  of  the  United 
States  is  always  a  question  of  interest.  We  find  it  clearly 
answered  in  the  first  clause  of  the  fourteenth  amendment 
as  follows  :  All  persons  bom  or  naturalised  in  the  United 
States  and  subject  to  the  jurisdiction  thereof  are  citizens  of 
the  United  States  and  of  the  States  wherein  they  reside. 

Thus  there  are  two  classes  of  citizens:  (i)  those  who 
are  citizens  by  birth  ;  (2)  those  who  have  been  natural- 
ized. Children  born  in  this  country,  though  of  foreign 
parentage,  and  residing  here,  may  be  considered  American 
citizens  if  they  choose.  According  to  an  Act  of  Congress,  ^ 
passed  in  1882,  Chinese  aliens  may  not  be  naturalized; 
but  our  Supreme  Court  has  decided  that  a  child  born  in  the 
United  States,  of  Chinese  parents,  is  a  citizen,  if  he  desires 
to  be.  Though  born  in  a  foreign  country,  a  child  whose 
father  is  an  American  citizen  may  claim  the  privilege  of 
American  citizenship.  Indians  who  keep  their  tribal 
relations  are  not  included  under  the  provisions  of  this 
section. 

Naturalized  Citizens.  —  The  second  class  of  citizens  are 
those  who  are  naturalized.     That  the  rules  should  be  uni- 

98 


OTHER  GENERAL   POWERS   OF   CONGRESS.  99 

form  by  which  aliens  become  citizens,  is  self-evident. 
After  a  brief  discussion,  the  Constitutional  Convention 
provided  in  Section  8,  Clause  4,  that  Congress  shall  have 
the  power  to  establish  a  uniform  rule  of  naturalization,  and 
uniform  lazvs  on  the  subject  of  bankruptcies  throughout  the 
United  States. 

Process  of  Naturalization. — (1)  The  foreigner  desiring 
to  become  a  citizen  goes  before  the  clerk  of  any  court  of 
record  and  declares,  "  upon  oath,"  that  it  is  his  intention 
to  become  a  citizen  of  the  United  States,  and  to  renounce 
all  allegiance  to  the  government  which  has  jurisdiction  over 
him.  He  then  receives  his  "first  papers."  (2)  After  he 
has  resided  in  the  United  States  for  five  years,  providing 
two  years  have  elapsed  since  his  "declaration  of  intention," 
he  may  secure  his  certificate  of  naturalization.  He  must 
appear  in  open  court  and  swear  that  he  will  support  the 
Constitution  of  the  United  States,  and  renounce  all  alle- 
giance to  any  foreign  power.  Two  witnesses  must  testify 
to  his  term  of  residence,  and  declare  that  he  is  a  man  of 
good  moral  character.  His  wife,  and  those  of  his  children 
who  are  under  twenty-one  years  of  age,  become  citizens  at 
the  same  time.  In  certain  cases,  Congress  has,  by  a  single 
act,  admitted  large  numbers  of  aliens  to  American  citizen- 
ship, as  it  did  at  the  time  of  the  purchase  of  Louisiana, 
the  annexation  of  Texas,  and  of  Hawaii. 

Bankrupt  Laws.  —  It  sometimes  happens,  because  of  general  depres- 
sion in  trade  throughout  the  country,  on  account  of  losses,  or  for  other 
reasons,  that  business  men  become  heavily  involved  in  debt.  They  are 
said  to  be  insolvent.  Now  it  is  but  just  that  such  property  as  they 
have  should  be  divided  in  some  equitable  way  among  the  creditors. 
A  banknipt  law  secures  such  a  division,  and  the  debtor  is,  at  the  sanv> 


100  THE    NATIONAL   GOVERNMENT. 

time,  freed  from  all  legal  obligation  to  pay  the  debts  which  cannot  be 
met  in  this  way.  The  first  law  of  Congress  on  this  subject  was  passed 
in  1S02,  and  repealed  in  1803.  Since  that  time  there  have  been  three 
other  bankrupt  laws,  but  the  total  time  during  which  they  have  been  in 
force  amounts  only  to  ")me  twenty  years.  The  last  law,  that  of  1898, 
is  still  in  operation.1 

Some  States  have  also  passed  insolvency  laws.  How- 
ever, these  must  not  in  any  way  conflict  with  the  provisions 
of  the  national  bankrupt  laws. 

II.    The  Postal  System. 

Organization  of  the  Post-office  Department.  —  We  can 
appreciate  somewhat  the  advancement  made  in  the  postal 
service  rendered  by  the  government  when  we  read  that  an 
Act  of  Congress  in  1782  directed  that  mail  should  be  carried 
"at  least  once  in  each  week  from  one  office  to  another." 
Our  well-organized  postal  system,  declared  recently  by  the 
Postmaster-General  to  be  the  "greatest  business  concern" 
in  the  world,2  has  been  evolved  through  laws  made  in  car- 
rying out  the  provision  of  the  Constitution  that  Congress 
shall  have  power  to  establish  post-offices  and  post-roads. 

As  is  well  known,  the  Postmaster-General,  a  member  of 
the  President's  Cabinet,  is  at  the  head  of  this  Department 
of  government.  Among  his  duties,  that  of  overseeing  the 
appointment  of  some  70,000  postmasters  is  by  no  means 
the    least.3     These    are   the    so-called   fourth-class    post- 

1  See  "  Government  in  State  and  Nation,"  pp.  224,  225,  for  a  further  discus- 
sion of  bankrupt  laws  —  especially  that  of  1898. 

2  The  total  receipts  of  the  Post-office  Department  for  1902  were  $121,840,- 
047. 

8  The  appointments  are  actually  made  by  the  Fourth  Assistant  Postmaster- 
General. 


OTHER   GENERAL  POWERS   OF   CONGRESS.         ioi 

masters.  The  other  three  classes,  in  which  are  included 
those  postmasters  whose  salaries  are  not  less  than  $1000, 
are  appointed  by  the  President,  with  the  consent  of  the 
Senate. 

Classes  of  Mail.  —  Mail  matter  belongs  to  one  of  four  classes.  In 
general,  the  classes  and  rates  are  as  follows  :  First  class  —  letters,  two 
cents  an  ounce ;  second  class  —  newspapers  and  periodicals,  one  cent 
a  pound;  third  class  —  books,  one  cent  for  two  ounces;  and  fourth 
class  —  merchandise,  limited  to  four-pound  packages,  one  cent  an  ounce. 

Free  Delivery.  —  Among  the  notable  advances  in  the 
mail  service  was  the  provision  for  the  free  distribution  of 
mail  in  the  cities  of  10,000  inhabitants,  or  where  the  annual 
postal  receipts  are  $10,000  and  above. 

Rural  Free  Delivery.  —  No  innovation  in  postal  methods 
has  been  more  successful  than  the  free  delivery  of  mails 
in  the  country  districts.  The  development  of  the  system, 
since  its  establishment  in  1897,  has  been  remarkable.1 

Among  the  good  effects  resulting  from  its  extensive 
introduction  may  be  mentioned  the  following:  (1)  Cor- 
respondence in  the  communities  affected  has  increased. 
(2)  The  circulation  of  the  daily  newspaper  and  of  periodi- 
cal literature  has  been  greatly  enlarged,  and  interest  has 
grown  in  public  affairs.  (3)  Good  roads  have  been  multi- 
plied, for  they  are  made  one  of  the  conditions  for  the  intro- 
duction of  the  service.  (4)  Because  the  country  districts 
are  brought  into  daily  communication  with  the  centres  of 
population,  the    tendency  to  quit   the  farm  for  the  town 

1  According  to  the  report  of  the  superintendent  for  the  year  ending  June  30, 
1902,  8413  routes  had  been  established.  Congress  granted  an  additional 
sum  of  nearly  $5,000,000  to  extend  this  service  during  the  year  1903.  Presi- 
dent Roosevelt,  in  his  annual  message  for  1902,  pronounces  the  system  an 
unqualified  success,  and  urges  its  further  extension. 


102  THE   NATIONAL   GOVERNMENT. 

has  been  lessened  and  thus  rural  free  delivery  is  helping, 
in  some  degree,  to  solve  one  of  the  problems  of  our 
social  and  industrial  life. 

Money  Orders.  —  Another  great  convenience  in  this  de- 
partment is  the  "  money  order "  office,  through  which 
money  may  be  transferred  quickly  and  safely.  The  office 
is  also  made  a  bank  of  deposit  by  many  persons,  who 
secure  money  orders  payable  to  themselves. 

Postal  Savings-banks.  —  At  various  times  bills  have  been  before 
Congress  providing  for  the  establishment  of  postal  savings-banks  in 
connection  with  post-offices.  It  is  proposed  that  they  shall  receive 
small  amounts  on  deposit,  paying  a  low  rate  of  interest,  and  that  the 
funds  secured  be  invested  in  government  bonds.  A  strong  argument 
in  favor  of  their  establishment  is,  that  they  have  met  with  much  favor 
in  many  of  the  European  countries. 

Some  of  the  Defects  in  our  Postal  System.  —  (i)  One  of  the  great 
abuses  in  the  postal  system  arises  through  the  delivery  of  second-class 
matter.  There  can  be  little  doubt  but  that  private  interests  are  often  aided 
by  a  perversion  of  the  law  defining  periodical  publications.  That  this 
is  an  unjust  drain  upon  the  public  funds  is  clear,  when  we  consider  that, 
in  a  recent  year,  the  government  expended  $17,277,783  more  than  it 
received  for  carrying  second-class  mail.  (2)  Another  serious  defect 
has  existed,  in  the  payment  of  exorbitant  rates  to  railroad  companies 
for  carrying  the  mails.  (3)  Some  Congressmen  abuse  the  privilege 
granted  them  of  sending  government  publications  free.  (4)  The  pos- 
tal system  has  offered  one  of  the  best  fields  for  the  manipulation  of 
the  spoilsman.  Postmasters  have  been  usually  appointed  on  the  recom- 
mendation of  representatives,  and,  too  frequently,  the  one  essential 
to  securing  an  office  is  that  the  successful  applicant  must  be  influential 
in  politics.1 

1  "  The  policy  now  is  to  consider  all  fourth-class  postmasters  as  appointed 
for  an  indefinite  period,  and  subject  to  removal  for  cause  only."  —  Report  of 
Civil  Service  Commission,  1901-1902,  p.  20. 


OTHER   GENERAL    POWERS    OF    CONGRESS.         103 


III.    Copyrights  and  Patents. 

Copyrights  and  Patents.  —  Section  8,  Clause  8.  To  pro- 
mote the  progress  of  science  and  useful  arts,  by  securing,  for 
limited  times,  to  authors  and  inventors,  the  exclusive  right 
to  their  respective  writings  and  discoveries. 

The  development  of  American  literature  has  been 
greatly  aided  through  the  operation  of  laws  based  on  this 
clause.  Copyrights  are  secured  from  the  Librarian  of  Con- 
gress. Any  person  obtaining  a  copyright  has  the  sole 
right  to  print,  copy,  or  sell  the  book,  chart,  engraving, 
music,  etc.,  for  a  period  of  twenty-eight  years.  A  copy- 
right may  be  renewed  for  fourteen  years  longer.  It  may 
be  sold  or  transferred,  providing  a  record  of  the  transfer 
be  made  in  the  office  of  the  Librarian  of  Congress,  within 
sixty  days. 

Patents.  —  Americans  have  been  rightly  named  the 
great  inventors  of  the  world.  Not  a  little  of  our  marvel- 
ous industrial  progress  has  been  due  to  this  inventive 
ability.  The  government  has  contributed  to  the  same 
end,  through  the  enactment  of  laws  protecting  those  in- 
ventors who  secure  patents.  A  person  desiring  a  patent 
must  declare  upon  oath,  in  his  petition  addressed  to  the 
Commissioner  of  Patents,  that  he  believes  himself  to  be 
the  first  inventor  of  the  article  for  which  he  solicits  a 
patent.  The  sum  of  fifteen  dollars  is  charged  for  filing 
the  application,  and  twenty  dollars  for  issuing  the  patent. 
A  patent  is  granted  for  seventeen  years,  but  may  be  ex- 
tended for  seven   years  more.      During  this   period,   the 


104  THE   NATIONAL   GOVERNMENT. 

patentee  has  the  exclusive  right  to  manufacture,  sell,  of 
transfer  his  invention.1 


IV.    Military  Powers  of  Congress. 

Section  8,  Clauses  n,  12,  13,  14.  To  declare  war,  grant 
letters  of  marque  and  reprisal,  a?id  make  rules  co?icerning 
captures  on  land  and  water. 

To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

To  provide  and  maintain  a  navy. 

To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

The  Army.  —  Americans  are  always  impressed  by  the 
military  spirit  so  prevalent  in  European  nations.  Com- 
pared with  the  standing  army  of  Germany,  which  has 
some  700,000  men,  and  with  that  of  Russia,  containing 
1,000,000  men,  or  with  that  of  most  European  nations, 
our  army  is  insignificant  in  size.  According  to  a  law 
of  1 90 1,  the  army  of  the  United  States  cannot  contain 
more  than   102,258  men.2 

Fortunately,  there  has  always  existed  in  the  United 
States  the  desire  to  keep  the  standing  army  from  becom- 
ing unduly  large.  The  Constitution  itself  indicates  that 
appropriations  for  the  army  shall  not  be  for  a  longer 
time    than    two  years.     At   the   end  of   this    period,   the 

1  The  total  number  of  amplications  filed  for  patents,  in  1902,  was  50,000. 
This  was  the  largest  number  ever  applied  for  in  a  single  year. 

2  The  annual  report  of  the  Secretary  of  War,  for  1902,  shows  that  the  num- 
ber of  enlisted  troops  in  our  army  numbered  59,866,  which  is  the  minimum 
number  provided  for  by  the  act  mentioned. 


OTHER   GENERAL   POWERS    OF   CONGRESS.         105 

people  may  check  the  growth  of  the  army  through  the 
election  of  representatives  opposed  thereto. 

Officers  and  Classification  of  the  Army.  —  The  President  is,  ex- 
officio,  commander-in-chief  of  the  army  and  navy  of  the  United  States. 
The  office  of  general  was  created,  by  Congress,  .March  3,  1799,  but  was 
not  filled.  It  was  revived  in  1866  for  General  Grant,  General  Sherman 
succeeding  to  the  title  in  1869.  The  same  rank  was  bestowed  on 
General  Sheridan  in  188S.  The  lieutenant-general  is  next  in  rank 
to  the  general.  The  army  is  distributed  geographically  as  follows : 
Division  of  the  Philippines  and  the  Departments  of  California,  of  the 
Colorado,  of  the  Columbia,  of  Dakota,  of  the  East,  of  the  Lakes,  of  the 
Missouri,  and  of  Texas.  The  Division  is  in  charge  of  a  major-general, 
and  the  Departments  are  each  in  charge  of  a  major-general  or  of  a 
brigadier-general.  The  commands  which  correspond  to  each  grade 
are :  major-general,  four  regiments ;  brigadier-general,  two  regiments ; 
colonel,  one  regiment;  lieutenant-colonel  or  major,  a  battalion  or 
squadron  ;  captain,  a  company.  As  now  organized,  infantry  regiments 
consist  of  12  companies,  of  65  men  each.  Cavalry  regiments  contain 
1 2  troops,  each  having  65  enlisted  men. 

The  Navy.  —  We  are  told  by  competent  authorities  that 
one  of  our  best  means  of  preserving  peace  with  foreign 
powers  is  to  maintain  a  strong  navy.  This  has  become 
much  more  necessary  since  the  United  States  has  begun 
to  acquire  insular  possessions.  Although  the  construction 
of  the  modern  American  navy  was  not  begun  until  1883, 
since  that  time  progress  has  been  so  marked  that  it  is  now 
estimated  our  navy  ranks  fourth  among  the  navies  of  the 
world.  The  order  is  Great  Britain,  France,  Russia,  the 
United  States.  In  the  year  1899  Congress  appropriated 
$36,000,000  for  the  construction  of  twelve  new  ships  of 
war.1 

1  According  to  the  report  of  the  Secretary  of  the  Navy,  for  1902,  the  fight- 
ing strength  of  the  American  navy,  counting  ships  launched,  under  construction, 


I06  THE   NATIONAL   GOVERNMENT. 

Names  of  Vessels.  —  A  ship  of  the  first  class  is  given  the  name  of  a 
State ;  one  of  the  second  class  that  of  a  principal  city  or  river,  and  the 
names  for  ships  of  the  third  class  are  selected  by  the  President.  The 
navy  now  contains  312  vessels. 

Officers  in  the  Navy.  —  The  titles  admiral  and  vice-admiral,  corre- 
sponding to  the  grades  of  general  and  lieutenant-general  in  the  army, 
were  created  by  act  of  Congress  to  be  bestowed  on  the  following  men 
as  recognition  for  distinguished  services  during  the  Civil  War :  Admirals 
Farragut  and  Porter ;  and  Vice- Admirals  Farragut,  Porter  and  Rowan. 
Admiral  Dewey  was  granted  his  title  by  a  special  Act  of  Congress  after 
the  battle  of  Manila.  The  officers  of  the  navy  ranking  with  major- 
generals,  brigadier-generals,  colonels,  and  so  on,  in  the  army,  are  rear- 
admirals,  commodores,  captains,  commanders,  lieutenant-commanders, 
lieutenants,  masters,  ensigns. 

The  Militia.  — With  but  little  opposition  in  the  Constitu- 
tional Convention,  Congress  was  given  the  power  to  make 
provision  for  citizen-soldiers  as  follows  :  — 

Section  8,  Clause  15.  To  provide  for  calling  forth  the 
militia  to  execute  the  laws  of  the  Union,  suppress  insurrec- 
tions and  repel  invasions. 

Clause  16.  To  provide  for  organizing,  arming  and  dis- 
ciplining the  militia,  and  for  governing  such  part  of  them  as 
may  be  employed  in  the  service  of  the  United  States,  reserv- 
ing to  the  States  respectively  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress. 

Number  of  the  Militia.  —  All  able-bodied  male  citizens 
of  the  United  States  and  males  between  eighteen  and 
forty-five  years  of  age  who  have  declared  their  intention  to 
become  citizens  are  regarded  as  the  militia  force  of  the 
country.     As  a  matter  of  fact,  there  are  at  present  only 

and  authorized  by  acts  of  Congress,  has  increased  to  four  times  what  it  was  at 
the  beginning  of  the  war  with  Spain. 


OTHER  GENERAL  POWERS  OF  CONGRESS.    107 

about  100,000  men  enrolled  in  this  service.  But  in  the 
case  of  an  emergency  the  President  may  compel  the  gov- 
ernors of  the  various  States  to  furnish  the  troops  needed. 
The  militia  may  thus  be  called  into  service,  under  their 
own  State  officers,  for  a  period  of  nine  months.  The  War 
of  18 1 2  and  the  Civil  War  furnish  the  best  illustrations  of 
the  enforcement  of  this  provision. 

Volunteers  of  1898.  —  We  should  note  here  the  manner  in  which 
men  were  secured  for  the  war  against  Spain.  We  see,  according  to 
Clause  15,  that  the  militia  may  be  called  out  only  for  the  purposes  of 
executing  the  laws  of  the  Union,  suppressing  insurrections,  and  repelling 
invasions.  Now,  in  the  case  given,  the  war  was  to  be  conducted  in 
foreign  territory,  and  President  McKinley  called  for  200,000  volunteers. 
It  was  understood,  however,  that  preference  would  be  given  to  those 
volunteers  who  were  already  members  of  the  organized  militia. 

V.    Location  of  the  Capital. 

Section  8,  Clause  1 7.  Congress  shall  have  the  power  to 
exercise  exclusive  legislation  in  all  cases  whatsoever  over 
such  district  {not  exceeding  ten  miles  square)  as  may,  by  ces- 
sion of  particular  States  and  the  acceptance  of  Congress, 
become  the  seat  of  the  government  of  the  United  States,  and 
to  exercise  like  authority  over  all  places  purcliased  by  the 
consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings. 

One  of  the  most  interesting  contests  in  American  history 
arose  in  the  selection  of  a  site  for  the  capital  city.  Con- 
gress finally  accepted,  for  this  purpose,  one  hundred  square 
miles  of  land  on  the  Potomac  River,  which  was  ceded  by 
Maryland  and  Virginia.     The  thirty  square  miles  given 


IOS  THE    NATIONAL   GOVERNMENT. 

by  Virginia  were  afterward  returned  to  that  State.  The 
capital  was  to  be  in  New  York  until  1790,  then  in  Phila- 
delphia until  1800.  In  1800  it  was  transferred  to  the  new 
district,  called  the  District  of  Columbia.1 

VI.    Implied  Powers. 

Strict  and  Loose  Construction.  —  Our  national  develop- 
ment has  been,  in  large  measure,  dependent  on  the  inter- 
pretation of  the  next  clause  of  the  Constitution.  It  is  often 
called  the  elastic  clause. 

Section  8,  Clause  18.  To  make  all  laws  which  shall  be 
necessary  and  proper  for  carrying  into  execution  the  foregoing 
powers  and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States  or  in  any  department  or 
officer  tJicrcof. 

Briefly  stated,  the  problem  has  always  been,  Has  Com 
gress  the  right  to  exercise  powers  not  definitely  granted  by 
the  Constitution  ?  Alexander  Hamilton  first  set  forth  the 
doctrine  of  implied  powers.  He  urged  that  Congress 
might,  in  carrying  out  specific  powers,  use  methods  not 
expressly  provided  for  in  the  Constitution,  as  in  the  creation 
of  a  bank  or  a  mint.  Since  the  time  of  this  interpretation, 
which,  fortunately  for  American  interests,  was  sanctioned 
by  Washington  and  later  by  the  Supreme  Court  through 
its  great  Chief  Justice  John  Marshall,  the  advocates  of  the 
doctrines  of  strict  and  loose  construction  have  contended 
for  their  principles.  Does  the  Constitution  permit  the  ac- 
quisition of  territory  ?  May  Congress  establish  a  protec- 
tive tariff,  or  a  system   of   internal  improvements?     We 

1  For  the  government  of  this  district,  see  "  Government  in  State  and  Nation," 
P-  239- 


OTHER    GENERAL   POWERS    OF   CONGRESS.         109 

have  here  but  three  of  the  great  questions  which  have  led 
to  a  definition  of  these  opposing  views.  Speaking  in 
general  terms,  the  party  in  power  has  favored  loose  con- 
struction, while  the  party  out  of  power  has  advocated 
strict  construction.  Said  Mr.  Bryce,  "  The  Americans 
have  more  than  once  bent  their  Constitution  in  order  that 
they  might  not  be  forced  to  break  it."  * 

SUPPLEMENTARY    QUESTIONS    AND    REFERENCES. 

1.  What  are  star  routes?     James  and  Sanford,  Government  in  State 

and  Nation,  229. 

2.  Should  postal  savings-banks  be  established?     N.  Am.  Rev.,  172: 

551-554- 

3.  Should    there    be    a    system    of  postal   telegraphy?     Cent.    Mag., 

59  :  952-956;    N.  Am.  Rev.,  172  :  554-556. 

4.  Extent  and  advantages  of  Rural  Free  Delivery,  Rev.  of  Rs,  27  :  55- 

60. 

5.  Perils  of  the  Postal  Service,  N.  Am.  Rev.,  172:420-430,  551-559. 

6.  Defects  in  the  Postal  System,  N.  Am.  Rev.,  174  :  807-819  ;  175  :  115- 

127. 

7.  Privateers    and   privateering,  Government    in   State    and    Nation, 

204;  Walker,  The  Making  of  the  Nation,  231,  232. 

8.  For  the  methods  employed  in  the  patent  office  and  a  comparison 

between    our  system  and   that  of  European  nations,  see  Cent. 
Mag.,  61  :  346-356. 

9.  A  good  account  of  the  reorganization  of  the  army  of  the  United 

States  is  given  in  the  Atl.  Mo.,  89 :  437-451. 

10.  The  Development  of  the  United  States  Army,   Scribner's    Mag.. 
.    30: 286-311,  446-462.  593-6I3- 

11.  West    Point    after    a    Century,    World's    Work,    August,     1902, 

2433-245I- 

12.  A  Hundred  Years  of  West  Point,  Outlook,  71  :  591-601. 

13.  Life  at  West  Point,  Rev.  of  R's,  26:  45-53. 

14.  What  was  the  character  of  our  navy  prior  to   1883?     Harrison. 

This  Country  of  Ours,  251-255. 

1  Bryce,  "American  Commonwealth,"  I,  390. 


110  THE    NATIONAL   GOVERNMENT. 

15.  The  New  American  Navy,  Outlook,  73:  323-337. 

16.  Comparison  of  the  strength  of  our  navy  with  that  of  other  nations, 

Rev.  of  R's,  25  :  561-570. 

17.  What  special   problem  was   connected  with   the   location  of   the 

capital?  How  was  it  finally  settled?  Hart,  Contemporaries, 
III,  269-272 ;  Schouler,  I,  152-156 ;  McMaster,  I,  555-562; 
World's  Work,  1 :  191-195. 

18.  The  development  of  Washington  during  the   past  one   hundred 

years  is  discussed  in  Rev.  of  R's,  22 :  675-686  ;  Forum,  30 :  545- 

554;    Outlook,    70:310,   311,  817-829;    Cent.   Mag.,   63:621-628, 

724-756  ;  Cosmop.,  30:  109-120. 
ig.    Proposed    Improvements    in   Washington,    Cent.    Mag.,   63:621- 

628,  747-759- 
20.   For  the  influenc-  of  the  doctrine  of  implied  powers,  see  :  — 

(a)  Internal  Improvements,  Hart,  Contemporaries,  III,  436-440; 

Walker,  The   Making  of  the   Nation,  204,  205,  262,  363  ; 
Hart,  Formation  of  the  Union,  227-229,  353-355. 

(b)  The  United  States  Bank,   Hart,   Contemporaries,  III,  446- 

450;    Hart,    Formation  of  the   Union,    150-151,  226-227; 
Walker,  The  Making  of  the  Nation,  82-83. 

(c)  The  annexation  of  territory,  Hart,  Contemporaries,  III,  373- 

376  ;  Walker,  The  Making  of  the  Nation,  177-184  ;  Hart, 
The  Formation  of  the  Union,  188. 

(d)  Legal  tender  cases,  Wilson,  Division  and  Reunion,  280-281. 


CHAPTER   XII. 

POWERS  DENIED  THE   UNITED  STATES  AND  THE 
SEVERAL  STATES. 

While  restrictions  on  Congressional  powers  are  found 
elsewhere  in  the  Constitution,  Section  9  of  Article  I  seems 
to  have  been  framed  especially  for  this  purpose.1 

Writ  of  Habeas  Corpus.  —  Clause  2  provides  :  The  privi- 
lege of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

A  writ  of  habeas  corpus  is  a  writ  granted  by  a  court, 
commanding  an  officer  to  produce  before  it  a  prisoner,  in 
order  that  the  court  may  inquire  into  the  cause  of  his 
imprisonment  or  detention.  If,  after  such  inquiry,  it  is 
found  that  the  person  is  detained  for  insufficient  cause,  he 
is  granted  his  freedom. 

President  Lincoln  and  the  Writ  of  Habeas  Corpus.  —  President 
Lincoln,  as  a  military  necessity,  in  1861,  suspended  the  privilege  of  the 
writ  over  a  limited  area,  constituting  a  large  part  of  the  State  of  Mary- 
land. The  Supreme  Court,  however,  declared  his  order  non-effective, 
maintaining  that  the  right  of  suspending  the  writ  of  habeas  corpus  lay 
with  Congress,  though  it  might  be  granted  to  the  President.  This 
attempt  on  the  part  of  the  Supreme  Court  to  restrain  Mr.  Lincoln  was 
a  failure,  and  shows  that  even  the  highest  of  our  tribunals  may  not  have 

1  Clause  I  of  this  Article  formed  an  important  part  of  the  third  great  com- 
promise which  was  discussed  on  p.  43. 

Ill 


112  THE   NATIONAL   GOVERNMENT. 

its  usual  power  in  time  of  war.  It  was  not  until  March  3,  1863,  that 
Congress  made  the  decree  of  President  Lincoln  legal  by  authorizing  him 
to  suspend  the  writ  whenever  he  believed  the  public  safety  demanded 
it.  In  September  of  that  year  he  declared  the  suspension  general 
throughout  the  country. 

Ex  Post  Facto  Laws.  —  Clause  3.  No  bill  of  attainder 
or  ex  post  facto  laws  shall  be  passed. 

An  ex  post  facto  law,  as  denned  by  the  Supreme  Court, 
is  a  "  law  which  renders  an  act  punishable  in  a  manner 
in  which  it  was  not  punishable  when  it  was  committed." 
It  applies  to  acts  of  a  criminal  nature  only.1 

Care  of  Public  Money.  —  Clause  7.  No  money  shall  be 
drawn  from  the  treasury,  but  in  consequence  of  appropria- 
tions made  by  law  ;  and  a  regular  statement  and  account  of 
the  receipts  and  expenditures  of  all  public  money  shall  be 
published  from  time  to  time. 

It  is  proper  in  a  government  such  as  ours  that  the 
control  of  the  public  money  should  be  lodged  with  the 
representatives  of  the  people.  Through  the  annual  report 
of  the  Secretary  of  the  Treasury,  the  people  may  know 
from  what  sources  our  revenues  are  derived  and  for  what 
purposes  the  money  is  expended. 

Titles  of  Nobility  and  Gifts.  —  Clause  8.  No  title  of 
nobility  shall  be  granted  by  the  United  States ;  and  no 
person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title  of  any  kind  whatever  from  any 
king,  prince,  or  foreign  state. 

According  to  the  wording  of  the  clause,  Congress  may 

1  Clause  4  is  discussed  under  National  Finances,  p.  87. 


POWERS    DENIED   THE   STATES.  113 

allow  gifts,  of  the  kind  mentioned,  to  be  accepted  by  our 
National  officials.  Usually,  however,  such  gifts  pass  into 
the  keeping  of  government. 

Powers  denied  the  States.  —  We  recall  the  power  of  the 
States  and  weakness  of  the  general  government  under  the 
Articles  of  Confederation.  It  was  plain  to  the  members 
of  the  Constitutional  Convention  that  hopeless  confusion 
would  arise  if  the  States  should  also  be  given  the  right 
to  coin  money,  pass  ex  post  facto  laws,  etc.  Therefore, 
certain  prohibitions  were  made  on  the  powers  of  the  States. 
In  Section  10,  Clause  1,  we  note  that  these  prohibitions  are 
absolute,  as :  — 

No  State  shall  cuter  into  any  treaty,  alliance  or  confed- 
eration ;  grant  letters  of  marque  and  reprisal,  coin  money, 
emit  bills  of  credit;  make  anything  but  gold  and  silver  coin 
a  tender  in  payment  of  debts  ;  pass  any  bill  of  attainder, 
ex  post  facto  law,  or  laiv  impairing  the  obligation  of  con- 
tracts, or  grant  any  title  of  nobility } 

In  Section  10,  Clauses  2  and  3,  the  prohibitions  are  only 
conditional ;  thus  :  — 

No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  impost  or  duties  on  imports  or  exports  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  net  produce  of  all  duties  and  imposts  laid  by 
any  State  on  imports  or  exports,  shall  be  for  the  use  of  the 
treasury  of  the  United  States;  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress. 

1  In  the  celebrated  Dartmouth  College  case,  it  was  finally  determined  that  a 
State  legislature  may  not  modify  the  terms  of  a  contract.  See  Life  of  John 
Marshall,  by  Magruder,  "  American  Statesmen,"  new  ed.,  18S-190. 

1 


114  THE   NATIONAL   GOVERNMENT. 

No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  of  tonnage,  keep  troops  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  anotJier 
State  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

More  Complete  Protection  of  Personal  Rights.  —  By  a 
careful  reading  of  Sections  9  and  10,  it  is  seen  that  some 
of  the  rights  of  the  individual  are  guarded  against  encroach- 
ment on  the  part  of  government,  either  National  or  State. 
But  the  people  felt  that  there  were  other  personal  rights 
which  needed  protection.  They  were  familiar  with  the 
Bills  of  Rights  in  their  own  State  constitutions.  That 
the  National  Constitution  did  not  also  contain  a  Bill  of 
Rights  was,  as  we  have  seen,  one  of  the  chief  arguments 
made  against  its  adoption  in  the  State  conventions.1 

The  First  Ten  Amendments.  —  A  large  number  of  prop- 
ositions, therefore,  were  submitted  to  the  first  Congress 
by  the  States.  Seventeen  of  these  were  selected  by  the 
House  of  Representatives,  and  proposed  as  amendments 
to  the  Constitution.  Twelve  of  these  were  acceptable  to 
the  Senate  also,  and  ten  were  ratified  by  the  required  three- 
fourths  of  the  State  Legislatures.  We  call  them  the  first 
ten  amendments  to  the  Constitution.  If  we  read  these 
amendments,  we  shall  find  that  really  they  are  a  Bill  of 
Rights,  for  the  preservation  or  protection  of  rights  of  the 
people  is  expressed  in  all.2 

1  See  p.  45.  2  See  Appendix  A. 


CHAPTER   XIII. 

THE    EXECUTIVE    DEPARTMENT. 

The  President  and  his  Election.  —  Wc  have  seen  that 
the  one  great  weakness  of  the  government  under  the  Con- 
federation was  that  there  existed  no  adequate  executive. 
After  much  discussion  in  the  Convention,  the  fear  of  a 
despot  at  the  head  of  affairs  gave  place  to  the  desire  to 
secure  executive  energy  and  responsibility.  To-day,  the 
President  is  the  most  notable  personage  among  all  our 
officials.  Mr.  Bryce  calls  the  Presidential  office  the  great- 
est office  in  the  world  unless  we  except  the  papacy.  In 
the  Executive  Department,  the  President's  power  is  prac- 
tically absolute.  He  may  appoint  and  remove,  either 
directly  or  indirectly,  all  officials  of  the  department,  and 
they  are  finally  responsible  to  him  in  the  performance  of 
their  duties.  His  control  of  international  relations  and 
his  influence  on  legislation  are,  as  we  shall  see,  extensive. 

Length  of  Term. —  Article  II,  Section  i,  Clause  i.  The 
executive  power  shall  be  vested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term 
of  four  years,  and,  together  with  the  Vice-President,  chosen 
for  the  same  term,  be  elected  as  follows  :  — 

Method  of  Election.  —  How  shall  the  President  be 
chosen  ?     This  problem  is  said  to  have  taken  one-seventh 

"5 


Il6  THE   NATIONAL  GOVERNMENT. 

of  the  entire  time  of  the  Convention.  While  there  were 
those  who  believed  that  election  by  the  people  would  be 
wise,  still  this  sentiment  was  not  general.  It  was  thought 
that  a  choice  in  this  way  would  cause  great  "  tumult  and 
disorder."  Besides,  it  was  urged  that  the  people  would 
not  be  sufficiently  acquainted  with  the  men  who  have  the 
necessary  qualifications  for  such  high  office.  For  a  special 
investigation  of  this  sort,  they  agreed  that  it  would  be  best 
to  select  a  small  number  of  persons  who  would  be  most 
likely  to  possess  the  required  information  and  discernment. 
The  appointment  of  these  independent  electors  was  pro- 
vided for  as  follows  :  — 

Appointment  of  Electors.  —  Section  i,  Clause  2.  Each 
State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors  equal  to  the  whole  number 
of  senators  and  representatives  to  wJiieli  the  State  may  be 
entitled  in  the  Congress ;  but  no  senator  or  representative 
or  person  holding  an  office  of  trust  or  profit  under  the  United 
States,  shall  be  appointed  an  elector. 

Article  II,  Section  1,  Clause  3.  The  Congress  may 
determine  the  time  of  choosing  the  electors,  and  the  day  on 
which  they  shall  give  their  votes,  which  day  shall  be  the 
same  throughout  the  United  States. 

At  present,  the  appointment  of  electors  is  a  necessary 
but  a  comparatively  unimportant  step  in  the  election  of  a 
President. 

The  real  power  exists  in  the  National  conventions  of  the 
great  political  parties.  Instead  of  exercising  the  right  of 
free  choice,  as  they  were  originally  expected  to  do,  the 
electors  are  really  bound  to  vote  for  candidates  nominated 


THE   EXECUTIVE   DEPARTMENT.  117 

in  these  conventions.  Let  us  consider,  then,  some  of 
the  chief  points  in  the  history  and  practical  working  of 
National  conventions. 

Early  Methods  of  Nominating.  —  Like  the  development  of  other 
political  usages,  the  method  of  nominating  a  President  passed  through 
several  stages  before  the  present  plan  of  nominating  conventions  was 
reached.  No  nominations  were  made  in  the  first  two  Presidential  elec- 
tions. In  1796.  Washington  having  refused  to  be  a  candidate  for  a 
third  term,  party  managers  in  Congress  agreed  informally  on  Adams 
and  Jefferson  as  the  candidates  of  the  Federalist  and  the  Republican 
parties  respectively.  A  caucus  of  Federalist  Congressmen,  in  1800, 
nominated  Adams  and  Pinckney,  and  a  ca  cus  of  Republican  Congress- 
men nominated  Jefferson  and  Burr,  for  the  offices  of  President  and 
Vice-President.  The  Republican  members  of  Congress  continued  to 
hold  a  regular  caucus  and  thus  to  direct  the  votes  of  the  party  electors 
until  1824.  In  that  year  William  H.  Crawford,  the  last  Congressional 
nominee,  was  defeated.  There  was  opposition  to  the  Congressional 
caucus  from  the  beginning,  for  such  a  method  was  regarded  as  undemo- 
cratic. In  1824  and  1828  the  several  State  Legislatures  put  forward 
their  favorites  for  the  office  of  President. 

Development  of  National  Conventions. — As  early  as  1812,  De  Witt 
Clinton  was  nominated  as  the  candidate  of  the  Federalists  in  a  conven- 
tion held  in  New  York  City,  made  up  of  seventy  delegates,  who  repre- 
sented eleven  States.  But  the  National  nominating  convention,  as  we 
know  it,  was  used  for  the  first  time  by  the  Anti-Masonic  party,  which 
selected  William  Wirt  for  its  candidate  in  1S31.  This  method  was 
followed  in  the  same  year  by  the  National  Republican  party,  which 
nominated  Henry  Clay.  The  National  convention  of  the  Democratic 
party  in  1S32  nominated  Andrew  Jackson,  who  had  already  been  nomi- 
nated by  many  local  conventions  and  State  Legislatures.  Many  years 
elapsed  before  the  present  complex  organization  was  reached,  but  since 
1836,  with  thes'ngle  exception  of  the  Whig  party  in  that  year,  parties 
have  regarded  the  National  convention  as  an  essential  factor  in  electing 
President  and  Vice-President. 

Election  of  Delegates  to  the  National  Conventions.  —  The 
National  conventions  of  the  Republican  and  the    Demo- 


Il8  THE   NATIONAL   GOVERNMENT. 

cratic  parties  are  made  up  of  twice  as  many  delegates  from 
the  different  States  as  these  States  have  representatives 
and  senators  in  Congress.  Delegates  are  chosen  by  con- 
ventions in  the  various  States  in  April  or  May  of  the  Presi- 
dential election  year.  According  to  the  usual  method,  two 
delegates  are  selected  for  each  of  the  Congressional  dis- 
tricts by  the  district  conventions  of  each  party,  and  four 
delegates  at  large  are  chosen  by  the  State  conventions. 
In  some  States,  all  the  delegates  of  a  party  are  selected  in 
the  State  convention.  The  Republican  National  conven- 
tion also  admits  to  full  membership  two  delegates  from 
each  Territory  and  one  from  the  District  of  Columbia. 

The  National  convention  is  held  in  some  leading  city 
during  the  month  of  June  or  July  of  the  year  in  which  a 
President  is  to  be  elected.  A  few  days  before  the  time 
set  for  the  convention,  the  delegates,  together  with  many 
thousands  of  politicians  and  sight-seers,  flock  to  that  city. 
Headquarters  are  established  and  delegates  are  inter- 
viewed on  behalf  of  the  different  candidates.  On  the  day 
appointed,  the  convention  is  called  to  order  by  the  chair- 
man of  the  National  committee,  under  whose  auspices  the 
convention  is  to  be  held.  A  temporary  chairman  is  elected, 
and  clerks  and  secretaries  are  appointed.  Committees  are 
also  appointed,  the  most  important  being  those  on  creden- 
tials and  on  resolutions.  Each  State  delegation  selects  one 
of  its  members  for  each  of  the  committees.  In  the  next 
session,  a  permanent  chairman  is  usually  selected,  and  the 
committee  on  resolutions  presents  its  report,  which  sets 
forth  the  platform  embodying  party  doctrines  and  prin- 
ciples. Nominations  are  then  in  order.  The  roll  of 
States  is  called,  and  the  various  delegations  place  before 


THE    EXECUTIVE    DEPARTMENT.  119 

the  convention  the  favorite  of  their  State.  A  State  often 
waives  its  privilege  in  behalf  of  some  other  State  which 
has  a  candidate  to  present.  Again  the  clerk  calls  the  roll 
of  the  States,  and  each  chairman  of  a  delegation  announces 
the  votes  from  his  State.  In  the  Republican  convention, 
a  majority  of  the  number  of  delegates  voting  is  sufficient 
to  nominate ;  but  no  nomination  is  possible  in  the  Demo- 
cratic convention  except  by  a  vote  of  two-thirds  of  the 
delegates.  Then  follows  the  selection  of  a  candidate  for 
Vice-President.  In  this  choice,  the  attempt  is  made  to 
secure  some  man  who  will  add  strength  to  the  party,  and 
who  comes  from  a  different  section  of  the  country  from 
that  represented  by  the  candidate  for  the  Presidency.  He 
may,  as  in  the  cases  of  Tyler  and  Johnson,  represent  a 
faction  of  the  party  that  is  not  in  entire  agreement  with 
the  majority. 

The  National  Committee.  —  A  National  committee  is  also  appointed, 
made  up  of  one  member  from  each  State,  who  is  nominated  by  the 
State  delegation.  The  wishes  of  the  Presidential  candidate  are  of  in- 
fluence in  the  choice  of  the  chairman,  who  need  not  be  a  member  of  the 
convention.  The  committee  occupies  a  position  of  great  importance, 
for  by  it  the  platform  of  the  party  is  largely  determined.  We  have 
here  a  body  of  men  not  mentioned  by  the  Constitution,  but  exerting 
vastly  greater  influence  upon  the  election  of  President  than  does  the 
electoral  college  itself.  It  organizes  the  campaign,  secures  money, 
selects  speakers,  and  sends  out  party  literature.  The  committee  looks 
after  the  interests  of  the  party  during  the  ensuing  four  years  and  issues 
the  call  for  the  next  National  convention. 

Election  of  Electors.  —  We  are  now  ready  to  consider 
the  place  of  the  electors  in  the  choice  of  a  President.  The 
nominations  of  candidates  for  the  office  of  elector  are 
usually  made  at  the  State  conventions  of  the  different  par- 


120  THE   NATIONAL   GOVERNMENT. 

ties  when  State  tickets  are  nominated.  These  occur,  ordi. 
narily,  in  August  or  September  preceding  the  November 
election.  Each  political  party  nominates  as  many  electors 
as  the  State  has  senators  and  representatives  in  Congress. 
The  names  of  the  electors  are  then  placed  on  the  general 
party  ticket,  on  which  appear  also  the  names  of  the  candi- 
dates for  President  and  Vice-President ;  each  person  then 
votes  for  the  entire  number  of  electors  to  which  his  State 
is  entitled,  and  will  naturally  vote  for  all  the  electors  on 
his  party  ticket.  The  political  party,  therefore,  which 
receives  the  majority  of  votes  in  a  State  secures  all  the 
electoral  votes  of  that  State.1 

Vacancies  in  the  Offices  of  Electors.  —  Congress  enacted  in  1845  tnat 
each  State  might  provide,  by  law,  for  the  filling  of  vacancies  in  the 
electoral  college,  and  that  if  any  State  failed  to  choose  electors  on  the 
regular  day,  that  they  might  be  appointed  on  a  later  day  in  such  manner 
as  the  State  might,  by  law,  direct.  Nearly  all  of  the  State  legislatures 
have  conferred  on  the  college  itself  the  power  of  filling  vacancies. 

Function  of  Electors.  —  The  steps  prescribed  by  the 
Constitution  must  still  be  followed,  although  we  know, 
long  before  the  electors  cast  their  votes,  who  the  next 
President  will  be.  The  actual  function  of  the  electors  is 
given  in  Amendment  XII,  as  follows  :  — 

The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  zvhom,  at 

1  It  has  sometimes  happened,  however,  when  the  election  in  a  State  has 
been  close,  that  one  or  more  of  the  electors  on  a  minority  ticket  have  run 
ahead  of  the  other  candidates  on  that  ticket,  and  have  secured  a  larger  num- 
ber of  votes  than  candidates  on  the  majority  ticket,  thus  obtaining  an  election. 
California,  in  1892,  gave  one  electoral  vote  to  Mr.  Harrison  and  eight  to 
Mr.  Cleveland,  and  again,  in  1896,  gave  eight  votes  to  Mr.  McKinley  and  one 
to  Mr.  Bryan.  Kentucky,  in  1896,  cast  twelve  votes  for  Mr.  McKinley  and 
one  for  Mr.  Bryan. 


THE   EXECUTIVE    DEPARTMENT.  12 1 

least,  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves  ;  tkey  shall  name  in  their  ballots  the  person  voted 
for  as  President,  and  in  distinct  ballots  the  person  voted  for 
as  Vice-President ;  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number of votes  for each,  wliich 
lists  they  shall  sign,  and  certify,  and  transmit,  sealed,  to  the 
seat  of  government  of  the  United  States,  directed  to  the 
President  of  the  Senate ;  —  the  President  of  the  Senate 
shall,  in  the  presence  of  the  Senate  and  House  of  Represen- 
tatives, open  all  the  certificates,  and  the  votes  shall  then  be 
counted;  —  the  person  having  the  greatest  number  of  votes 
for  President  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed ;  and  if 
710  person  have  such  majority,  then,  from  the  persons  having 
the  highest  numbers,  not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  the  States  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Represeuta.' 
shall  not  choose  a  President,  whenever  the  right  to  choose 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President,  as 
in  the  case  of  the  death  or  other  constitutional  disability  of 
the  President.  —  The  person  having  the  greatest  number  of 
votes  as  Vice-President  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  FJectors  ap- 
pointed;  and  if  no  person  have  a  majority,  then,  from  the 


122  THE    NATIONAL   GOVERNMENT. 

tivo  higlicst  numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President ;  a  quorum  for  the  purpose  shall  consist  of 
two-thirds  of  the  whole  number  of  senators,  and  a  majority 
of  the  whole  number  shall  be  necessary  to  a  choice.  But  no 
person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. 

Voting  of  the  Electors.  —The  formal  election  of  Presi- 
dent takes  place  on  the  second  Monday  in  January,  when 
the  electors  meet  at  their  various  State  capitals  and  cast 
their  votes.  Separate  ballots  are  given  for  Vice-President. 
Three  separate  sealed  lists  of  the  results  are  then  prepared. 
Two  of  these  are  sent  to  the  President  of  the  Senate,  one  by 
mail  and  the  other  by  special  messenger.  The  third  is  de- 
posited with  the  United  States  District  Judge  of  the  district 
in  which  the  electors  meet.  On  the  second  Wednesday  in 
February  the  votes  are  opened  by  the  President  of  the 
Senate,  in  the  presence  of  the  Senate  and  the  House  of 
Representatives,  and  counted.  That  person  having  a  ma- 
jority of  the  electoral  votes  cast  for  President  is  declared 
to  be  duly  elected.  The  one  who  has  a  majority  of  the 
electoral  votes  cast  for  Vice-President  is  also  elected  to 
that  office. 

Election  of  President  by  the  House  of  Representatives.  —  In  case  no 
Presidential  candidate  receives  a  majority  of  the  electoral  votes,  the 
election  goes  to  the  House  of  Representatives,  as  is  provided  in  the 
amendment  we  are  considering.  Here  the  three  candidates  having 
the  highest  number  of  votes  are  alone  considered.  The  voting  is  by 
States.  In  1825  John  Quincy  Adams  was  elected  President  in  this 
way.  He  had  fewer  popular  and  fewer  electoral  votes  than  Andrew 
jackson,  but  he  received  the  votes  of  thirteen  out  of  twenty-four  States 
in  the  House 


THE    EXECUTIVE   DEPARTMENT.  123 

Choke  of  Vice-President  by  the  Senate. — The  Senate  is  called  on 
to  select  the  Vice-President  in  case  no  candidate  has  received  a  major- 
ity of  the  electoral  votes.  The  two  candidates  having  the  highest  num- 
ber of  votes  are  considered.  The  only  instance  of  the  election  of  a 
Vice-President  in  this  way  occurred  in  1837. 

Disputed  Returns,  Election  of  1876.  —  Disputes  have  arisen,  from 
time  to  time,  over  some  of  the  returns  of  the  electoral  votes.  The  most 
notable  contest  was  that  over  the  returns  from  Florida,  Louisiana, 
South  Carolina,  and  Oregon,  in  1877.  If  the  twenty-one  electoral 
votes  from  these  States  should  be  counted  for  the  Republican  candidates, 
they  would  be  elected.  Should  just  one  of  those  votes  be  given  to  the 
Democratic  nominees,  the  Republicans  would  lose  the  election.  Now 
the  Senate  at  this  time  was  Republican,  and  the  House  Democratic, 
and  therefore  no  satisfactory  adjustment  could  be  reached,  because  of 
party  prejudices.  The  excitement  throughout  the  country  was  finally 
relieved  by  the  agreement  on  the  part  of-  both  houses  to  refer  the 
decision  to  an  "Electoral  Commission." 

This  Commission  consisted  of  five  Judges  of  the  Supreme  Court,  five 
Representatives,  and  five  Senators.  After  examining  the  returns,  the 
commission  decided,  March  2,  1877,  by  a  vote  of  eight  to  seven,  that 
Hayes  and  Wheeler,  the  Republican  candidates,  had  received  the 
twenty-one  votes  in  dispute,  thus  giving  them  one  hundred  and  eighty- 
five  electoral  votes,  and  that  Tilden  and  Hendricks,  the  Democratic 
candidates,  had  received  one  hundred  and  eighty-four  electoral  votes. 

In  consequence  of  the  grave  problem  which  arose  in  1877,  Congress 
passed  an  act  February  3,  1887,  which  provides  that  any  contest  in  the 
choice  of  electors  in  a  State  must  be  decided  by  the  State  authorities 
under  the  laws  of  the  State. 

The  Original  Method  of  choosing  the  President.  —  Because  Presi- 
dents Washington,  Adams,  and  Jefferson  for  his  first  term,  were  chosen 
by  the  plan  given  in  the  original  clause,  let  us  notice,  briefly,  the  method 
used  at  that  time,  and  especially  the  reasons  for  the  change  to  the 
present  plan. 

Section  1,  Clause  2.  The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  (lie  same  State  with  themselves.  And  they  shall  make  a  list 
of  all  the  persons  voted  for,  and  of  t lie  number  of  votes  for  each.  ;  ivhich 
list  they  sign  and  certify,  and  transmit,  scaled,  to  the  seat  of  the  ftruem* 


124  THE   NATIONAL   GOVERNMENT. 

mcnl  of  the  United  States,  directed  to  the  President  of  the  Senate.  Thi 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted.  The  person  then  having  the  greatest  number  of  votes  shall  be 
President,  if  such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed;  and  if  there  be  more  than  one  who  have  such  a 
majority,  and  have  an  equal  number  of  votes,  then  the  House  of  Rep- 
resentatives  shall  immediately  choose,  by  ballot,  one  of  them  for  Presi- 
dent ;  and  if  no  person  have  a  majority,  then,  from  the  five  highest  on 
the  list,  the  said  House  shall,  in  like  manner,  choose  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds  of  the  States,  and 
a  majority  of  all  the  States  be  necessary  to  a  choice.  In  every  case, 
after  the  choice  of  the  President,  the  person  having  the  greatest  number 
of  votes  of  the  Electors  shall  be  the  Vice-President.  But  if  there  should 
remain  two  or  more  who  Juzve  equal  voles,  the  Senate  shall  choose  from 
them,  by  ballot,  the  Vice-President. 

According  to  this  clause,  we  note  that  the  electors  voted  for  two 
persons  without  stating  which  was  to  be  President  and  which  Vice- 
President.  In  the  official  count,  the  candidate  receiving  the  highest 
number  of  votes,  provided  it  was  a  majority  of  the  whole  number  of 
the  electoral  votes,  became  President,  and  the  one  receiving  the  next 
highest  became  Vice-President. 

Election  of  1796.  — In  the  election  of  1796,  John  Adams,  who 
received  the  highest  number,  seventy-one,  out  of  one  hundred  and 
thirty-two  electoral  votes,  was  elected  President.  Thomas  Jefferson, 
his  opponent,  became  Vice-President,  having  received  sixty-eight  votes, 
or  the  next  highest  number.  Thus  there  were  elected  a  President  of 
one  party  and  a  Vice-President  of  the  opposing  party. 

Election  of  1800.  —The  election  of  1800  also  showed  the  plan  to  be 
impracticable.  At  this  time,  the  Democratic-Republican  party  was 
determined  to  have  Mr.  Jefferson  for  President  and  Aaron  Burr  for 
Vice-President.  They  both  received  seventy-three  votes,  a  majority  of 
all  the  votes.  But  since  the  number  was  equal,  it  devolved  upon  the 
House  of  Representatives  to  determine  whether  Jefferson  or  Burr  should 
be  President.  For  seven  days  the  house  was  in  continuous  session, 
and  civil  war  threatened.  On  the  thirty-sixth  ballot,  however,  Jefferson 
received  the  votes  often  States  out  of  sixteen,  and  was  elected. 


THE  EXECUTIVE    DEPARTMENT.  1 25 

In  order  to  prevent  a  recurrence  of  the  conditions  which  obtained  in 
1796,  or  of  the  dangers  incident  to  a  contest  like  that  of  1800,  the 
twelfth  Amendment  was  proposed  by  Congress,  and,  after  ratification, 
was  declared  in  force  September  25,  1804.  This  provides,  as  we  have 
seen,  that  the  electoral  votes  must  be  cast  separately  for  President  and 
Vice-President. 

The  Presidential  Term.  —  Shall  the  President  hold  office  for  a  term 
of  three  years,  of  seven  years,  or  during  good  behavior  ?  These  were 
questions  of  great  interest  in  the  Constitutional  Convention.  A  term  of 
seven  years  with  no  reelection  was  agreed  upon,  but  toward  the  end  of 
the  Convention  the  clause  as  given  was  adopted. 

Reelection  of  a  President.  —  The  Constitution  does  not  limit  the 
number  of  terms  for  which  a  President  may  be  chosen,  but  the  "  third 
term  tradition "  has  now  made  it  practically  impossible  for  the  same 
man  to  be  elected  for  more  than  two  terms.  This  custom  was  inaugu- 
rated by  the  refusal  of  President  Washington  to  accept  a  third  term. 
President  Jefferson  was  also  urged  to  stand  for  a  third  term,  but  he,  too, 
preferred  to  retire  to  private  life  as  Washington  had  done.  The 
adherents  of  General  Grant  strove  to  break  down  this  precedent  in  1880, 
but  their  defeat  seems  to  have  established  the  tradition  more  firmly  as 
a  rule. 

A  Longer  Term.  —  It  is  frequently  urged  that  the  Constitution  should 
be  amended  in  such  a  manner  as  to  provide  for  a  term  of  six 
or  seven  years  for  the  President,  with  no  reelection.  Among  the 
reasons  for  this  change  are  the  following:  (1)  a  new  President  has 
most  of  his  time,  for  months,  at  the  beginning  of  his  term,  consumed 
in  hearing  the  claims  of  applicants  for  office,  and  in  making  appoint- 
ments;  (2)  there  is  danger  that  he  may  be  influenced  in  his  official 
actions  through  desire  to  secure  a  second  term:  (3)  the  commercial 
depression  that  usually  exists  during  a  campaign  would  thus  come  less 
frequently.  These  arguments  may  be  used  in  opposition  to  such  a 
change:  (1)  in  the  case  of  an  inefficient  President,  the  short  term  is  to 
be  preferred ;  (2)  the  Presidential  campaign  is  of  value,  in  that  the 
attention  of  Americans  generallv  is  for  a  time  fixed  on  the  problems 
connected  with  the  conduct  of  our  government.  It  furnishes  the  op- 
portunity for  imparting  to  our  citizens  many  lessons  in  their  political 
education. 


126  THE    NATIONAL   GOVERNMENT. 

Qualifications  for  President  and  Vice-President.  —  The 
qualifications  for  President  and  Vice-President  are  natu- 
rally the  same,  and  are  as  follows :  — 

Section  I,  Clause  4.  No  person,  except  a  natural-born  citi- 
zen, or  a  citizen  of  the  United  States  at  the  time  of  the 
adoption  of  this  Constitution,  shall  be  eligible  to  the  office  of 
President ;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years, 
and  been  fourteen  years  a  resident  within  the  United  States. 

Vacancies.  —  The  chief  reason  for  creating  the  office  of 
Vice-President  seems  to  have  been  to  provide  for  the 
emergency  of  a  vacancy  in  the  Presidency. 

Section  1,  Clause  5.  In  case  of  the  removal  of  the  Presi- 
dent from  office  or  of  his  death,  resignation,  or  inability  to 
discharge  the  powers  and  duties  of  the  said  office,  the  same 
shall  devolve  on  the  Vice-President,  and  the  Congress  may, 
by  lazv,  provide  for  the  case  of  removal,  death,  resignation, 
or  inability  both  of  the  President  and  Vice-President,  de- 
claring what  officer  shall  then  act  as  President,  and  such 
officer  shall  act  accordingly,  until  the  disability  be  removed, 
or  a  President  shall  be  elected. 

Presidential  Succession. —In  1886,  Congress  provided 
that  in  case  of  the  death,  resignation,  or  disability1  of  both 
President  and  Vice-President,  the  succession  should  be  in 
the  following  order :  Secretary  of  State,  Secretary  of  the 

1  What  constitutes  disability  has  not  been  settled.  President  Garfield  per- 
formed only  the  single  executive  act  of  signing  an  extradition  paper,  from 
July  2  to  September  19,  1881.  The  fact  of  his  inability  to  discharge  the 
duties  of  President  was  not  formally  established.  Nor  was  there  declared 
disability  in  the  case  of  President  McKinley,  between  September  6  and  the 
day  of  his  death,  September  14,  1901. 


THE   EXECUTIVE   DEPARTMENT.  127 

Treasury,  Secretary  of  War,  Attorney-General,  Postmaster- 
General,  Secretary  of  the  Navy,  Secretary  of  the  Interior. 
The  Secretary  of  Agriculture  was  added  in  1889. 

Should  a  cabinet  officer  become  President,  through  this 
succession,  he  would  hold  the  office  for  the  unexpired 
term. 

Salary  of  the  President.  —  Section  1,  Clause  6.  The  Presi- 
dent shall,  at  stated  times,  receive  for  his  services  a  compen- 
sation, which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  may  have  been  elected,  and 
he  shall  not  receive  within  that  period  any  other  emolu- 
vicnt  from  the  United  States  or  any  of  than. 

In  1873  the  salary  of  the  President  was  changed  from 
$25,000  to  $50,000  a  year.  The  custom  has  been  estab- 
lished that  no  President  shall  receive  a  gift  from  any 
civil  body,  such  as  a  city  council,  a  State  Legislature,  or  a 
foreign  state.  In  addition  to  his  salary,  the  President  is 
provided  with  an  "executive  mansion,"  the  "White  House," 
which  is  furnished  at  the  expense  of  the  government.  The 
Vice-President  receives  $12,000  annually. 

Salaries  of  Foreign  Rulers.  —  The  salary  paid  our  President  is 
small  when  we  compare  it  with  the  grants  made  to  European  rulers. 
In  1901  the  English  government  voted  some  $4,000,000  for  the  annual 
use  of  the  royal  household.  The  Czar  of  Russia  receives  $6,500,000 
annually,  in  addition  to  revenues  derived  from  1,000.000  square  miles 
of  crown  domains.    The  President  of  France  receives  $23 1,600  annually. 

Inauguration  Day. — One  of  the  most  notable  of  our 
civic  festivals  occurs  on  the  fourth   of  March 1  after  the 

1  It  is  frequently  urged,  with  good  reason,  that  this  date  should  be  changed 
to  a  time  of  year  when  the  weather  in  Washington  would  be  more  favorable. 
An  amendment,  recently  sanctioned  by  the  Senate,  provides  that  the  date  for 


I?8  THE   NATIONAL   GOVERNMENT. 

Presidential  election.  Then,  thousands  of  people  go  to 
Washington  to  witness  the  inaugural  exercises,  by  which 
the  President  and  Vice-President  are  formally  invested  with 
their  offices.  The  Constitution  provides  that  the  President 
shall  take  the  following  oath  of  office  before  entering  on 
his  duties :  — 

Section  I,  Clause  7.  I  do  solemnly  swear  (or  affirm)  that 
I  will  faithfully  execute  the  office  of  President  of  the  United 
States,  and  will  to  the  best  of  my  ability  preserve,  protect, 
and  defend  the  Constitution  of  the  United  States. 

It  has  been  established,  by  custom,  that  the  oath  shall  be 
administered  by  the  Chief  Justice  of  the  United  States,  at 
the  east  front  of  the  Capitol.  After  taking  the  oath,  the 
President  gives  his  inaugural  address,  which  outlines  the 
policy  he  purposes  to  carry  out.  Immediately  after  his 
inauguration,  unless  it  be  his  second  term,  he  calls  the 
Senate  together,  and  places  before  it  his  nominations  for 
members  of  the  cabinet,  and  for  such  other  important 
offices  as  he  may  desire  to  make. 

SUPPLEMENTARY   QUESTIONS   AND   REFERENCES. 

1.  Which  of  the  Presidents  have  served  two  terms?     How  was  then 

election  for  a  second  term  to  be  accounted  for  ? 

2.  The    method    of  calling   national    political    conventions.      When 

held  ?     Questions  considered.     Make  a  study  of  the  last  con- 
vention.    Cosmop..  29:    194-200:  Scribner's  Mag.,  27 :  643-656. 

3.  Under  what  conditions  was  the  first  platform  of  a  national  conven- 

tion agreed  upon  ?     Wilson,  Division  and  Reunion.  63. 

4.  For  the  work  of  the  national   committee,  see   Rev.  of  R's,   22; 

549-556 ;  556-563. 

the  inauguration  shall  be  the  last  Thursday  of  April.  The  chi-f  objection  to 
this  change  seems  to  be  the  further  extension  of  time  between  the  election 
and  the  assuming  of  duties. 


THE   EXECUTIVE    DEPARTMENT.  1 29 

5.  The  power  of  the  chairman  of  the  National  committee  is  discussed 

in  Atl.  Mo.,  89:  76-81. 

6.  What  was  the  probable  origin  of  the  system  of  electing  the  Presi- 

dent by  electors  ?  Harrison,  This  Country  of  Ours,  78;  Fiske, 
Critical  Period  of  American  History,  66,  280-289. 

7.  For  the  methods  which  have  been  used  in  electing  a  President, 

see  N.  Am.  Rev.,  171 :  273-280. 

8.  Should  the  President  be  elected  by  direct  popular  vote  ?     N.  Am. 

Rev.,  171:  273-280;   281-288;   Scribner's  Mag.,  27:  643-656. 

9.  For  some  of  the  problems  connected  with  the  electoral  colleges  in 

the  history  of  elections,  see  Rev.  of  R's,  23  :  66-69. 

10.  What  is  the  method  used  in  counting  the  electoral  votes?    Edmund 

Alton,  Among  the  Lawmakers,  88-89. 

11.  Do  you  agree  with  Mr.  Bryce  that  the  tendency  is  to  select  for 

President  men  who  have  not  been  prominent  ?  Bryce,  Ameri- 
can Commonwealth,  I,  chap.  8. 

12.  Was  the  present  President  notable  before  his  election  ?     In  what 

ways  ? 

13.  What  were  the  chief  causes  for  the  success  of  his  party  ? 

14.  How  many  electoral  votes  were  required  for  election  ?    He  received 

how  many  ?  Did  he  receive  a  majority  of  the  popular  votes  ? 
Election  of  1900.  Rev  of  R's.  22  :  673-674  ;  655-658. 

15.  How  many  electors  were  there  from  your  State  ?     For  whom  did 

they  vote  ?  How  is  this  majority  in  your  State  to  be  accounted 
for  ?     Rev.  of  R's.  22  :  673-674.  655-658.  664. 

16.  Would  successful  governors  make  good  candidates  for  President? 

In  what  particulars  do  the  offices  resemble  each  other  ?  Would 
you  favor  making  the  governor  of  your  State  President  ?  Wil- 
son. Congressional  Government,  253.  254. 

17.  Why  was  the  election  of  John  Quincy  Adams  of  especial  interest  ? 

What  results  followed  ?  Burgess.  The  Middle  Period.  140- 
141  ;  Wilson.  Division  and  Reunion.  18. 

18.  State  the  chief  points  connected  with  the   il  disputed  election  "  of 

1876.  Wilson.  Division  and  Reunion,  283-286;  Johnston,  Ameri- 
can Politics,  233-237  :  Cent.  Mag..  62  :  923-934. 

ig.  Give  the  names  of  the  Presidents  who  have  died  in  office.  B> 
whom  were  they  succeeded  ? 

20.   What  was  the  order  of  succession  to  the  Presidency  before  1886  ? 

K 


130  THE    NATIONAL   GOVERNMENT. 

Why  was  the  change  made?     James  and  Sanford,  Government 
in  State  and  Nation,  266. 

21.  What   is    a    "minority"    President?     Government    in    State   and 

Nation,  264. 

22.  An  interesting  account  of  the   White    House,  Outlook,  70:   287- 

299. 

23.  Inauguration    events   of   1901,    Rev.  of  R's,   23  :    405,   406  ;    Out- 

look, 67:  555,  556. 

24.  Incidents  of  Presidential  inaugurations.     World's  Work,  1 :  477- 

479- 

25.  For  other  questions  and  references  on  the  chapter,  see  Govern- 

ment in  State  and  Nation,  255-257,  269,  270. 


CHAPTER   XIV. 
POWERS  AND  DUTIES  OF  THE   PRESIDENT. 

Military  Powers  of  the  President.  —  An  eminent  histo- 
rian,1 writing  recently  of  the  power  exercised  by  President 
Lincoln  in  time  of  war,  said,  "  It  is  an  interesting  fact, 
that  the  ruler  of  a  republic  which  sprang  from  a  resistance 
to  the  English  king  and  Parliament  should  exercise  more 
arbitrary  power  than  any  Englishman  since  Oliver  Crom- 
well, and  that  many  of  his  acts  should  be  worthy  of  a 
Tudor." 

President  Lincoln,  it  is  true,  exercised  powers  which, 
if  attempted  by  a  weaker  man,  or  at  another  time,  might 
have  proved  dangerous  to  the  liberties  of  the  people.2  This 
he  did  through  his  interpretation  of  Clause  I,  Section  2. 

The  President  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  States  when  called  into  the  actual  service  of  the 
United  States  ;  lie  may  require  the  opinion,  in  writing,  of 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices,  and  he  shall  have  power  to  grant  reprieves  and  par- 
dons for  offences  against  the  United  States,  except  in  cases 
of  impeachment. 

1  James  Ford  Rhodes,  Scribtter's  Magazine,  February,  1903. 

-  F<  ir  the  suspension  of  the  privilege  of  the  writ  of  habeas  corpus,  see  p.  III. 

131 


132  THE    NATIONAL   GOVERNMENT. 

Reprieves  and  Pardons.  —  The  ordinary  powers  of  the 
President  are  also  important.1  One  of  the  greatest  is  the 
power  to  grant  reprieves  and  pardons.  A  reprieve  is  the 
temporary  suspension  of  the  execution  of  a  sentence.  By 
means  of  a  reprieve,  the  President  may  gain  time  to  look 
into  the  evidence  more  carefully.  Complete  release 
from  a  sentence  is  secured  by  a  pardon.2 

Treaty-making  Power.  —  Section  2,  Clause  2.  He  shall 
have  power,  by  and  zuith  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two-tJiirds  of  the  senators 
present  concur. 

While  the  power  to  conclude  treaties  seems  to  be  without 
restriction,  it  is  implied  that  no  treaty  shall  in  any  way 
interfere  with  the  authority  of  the  Constitution.  The 
usual  steps  in  the  negotiation  of  treaties  are  as  follows  : 
(1)  In  time  of  peace  they  are  conducted  at  the  capital 
of  the  nation  that  begins  the  negotiation.  If  this  is  in 
Washington,  the  terms  are  considered  by  the  Secretary  of 
State  and  the  minister  of  the  other  nation ;  if  in  a  foreign 
capital,  our  minister  acts  under  instructions  sent  him  by 
the  Secretary  of  State.  At  times,  one  or  more  special 
ministers  are  sent  abroad  for  the  purpose  of  negotiating  a 
treaty.  (2)  In  time  of  war,  the  minister  of  the  nation  with 
which  we  are  at  war  leaves  the  United  States.  The 
interests  of  his  nation  are  then  intrusted  to  the  minister  of 
some  neutral  power,  and  through  this  minister  negotiations 

1  For  the  power  of  the  President  over  legislation  by  means  of  the  veto, 
see  pp.  80-81. 

2  President  Harrison  was  called  upon  to  consider  779  requests  for  pardon. 
Of  these,  527  were  granted,  wholly  or  partially.  President  Cleveland  acted 
on  907  such  cases,  and  granted  506,  in  whole  or  in  part. 


fOVVERS   AND    DUTIES    OF    THE    PRESIDENT.       133 

for  peace  are  usually  begun.  (3)  The  treaty  of  peace  at 
the  close  of  a  war  is  generally  negotiated  in  some  neutral 
country  by  special  commissioners  appointed  by  the  nations 
at  war. 

In  all  cases,  the  President  exercises  general  control 
over  the  negotiation  and  framing  of  treaties.  After  an 
agreement  has  been  reached,  the  treaty  is  sent  to  the 
Senate.  It  is  discussed  in  executive  or  secret  session. 
This  means  that  the  treaty  and  all  matters  pertaining  to  it 
are  kept  secret  until,  by  a  resolution,  the  Senate  allows  the 
discussion  to  be  made  public.  The  Senate  may  approve,  re- 
ject, or  modify  the  terms.  If  amendments  are  made,  they 
must  be  agreed  to  by  the  President  and  by  the  other  nation 
interested.  When  a  treaty  has  been  finally  approved  by  the 
officials  of  both  countries,  duplicate  copies  of  it  are  made 
on  parchment.  Both  of  these  copies  are  signed  by  the 
chief  officers  of  each  country,  and  the  copies  are  then 
exchanged.  This  is  called  the  "  exchange  of  ratification." 
An  official  copy  of  the  treaty  is  thus  secured  by  each 
nation.  The  President  then  publishes  the  treaty  accom- 
panied by  a  proclamation,  in  which  it  is  declared  to  be  a 
part  of  the  law  of  the  land. 

If  the  terms  of  a  treaty  call  for  the  payment  of  money  by  the 
United  States,  the  necessary  amount  can  be  appropriated  only  by  an 
Act  of  Congress.  The  House  of  Representatives  may  refuse  to  give  its 
sanction  to  such  an  appropriation,  and  may  thus  prevent  the  treaty 
going  into  effect. 

Power  of  Appointment.  — When  it  is  considered  that  the 
President  has  the  nominal  power  of  appointing  over  200,000 
persons  to  office,  we  can  readily  see  that  this  comprises 
one  of  his  chief  powers.     His  right  to  select  office-holders 


134  THE   NATIONAL   GOVERNMENT. 

is  granted  in  Section  2,  Clause  2.  He  shall  nominate^ 
and  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  Ambassadors,  other  public  ministers  and 
Consuls,  Judges  of  the  Supreme  Court,  and  all  other  officers 
of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
law  ;  but  the  Congress  may  by  law  vest  the  appointment  of 
such  inferior  officers,  as  they  think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or  in  tlie  heads  of  departments. 

Vacancies.  —  Section  2,  Clause  3.  The  President  shall 
have  power  to  fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

Presidential  Appointments.  —  It  would  be  quite  impos- 
sible for  the  President,  personally,  to  oversee  all  of  these 
appointments,  and  so  a  large  percentage  of  them  is  made 
by  officials  in  the  different  departments.  There  are, 
besides  the  ambassadors,  consuls,  and  judges  of  the 
Supreme  Court,  some  7000  so-called  Presidential  officers, 
whose  appointments  must  receive  the  sanction  of  the 
Senate.  More  than  one-half  of  these  are  postmasters  of 
the  first  class.1  Among  the  most  important  of  these 
officers  are  the  Cabinet,  interstate  commerce  commis- 
sioners, district  attorneys,  and  all  military  and  naval 
officers  whose  appointment  is  not  otherwise  ordered  by 
law. 

Official  Patronage.  —  In  making  his  appointments,  the  President  is 
largely  dependent  upon  the  advice  of  the  head  of  that  department  un- 
der whose  direction  the  officer  will  come,  or  upon  the  recommendation 
of  the  representatives  and  senators  of  his  party  from  the  State  in  which 

1  Those  who  receive  an  annual  salary  of  $1000  and  above. 


POWERS   AND   DUTIES   OF   THE    PRESIDENT.      135 

the  office  is  located.  This  official  patronage,  through  which  political 
assistants  in  a  State  may  be  rewarded  with  a  Federal  office,  has  become 
so  burdensome  that  many  Congressmen  complain  of  it  and  desire  to  be 
freed  from  its  exactions. 

Senatorial  Courtesy.  —  There  has  grown  up  an  almost  invariable 
custom,  known  as  senatorial  courtesy.  This  demands  that  if  the  office 
to  be  filled  Ls  located  in  a  State,  the  appointment  be  not  confirmed  un- 
less it  receives  the  sanction  of  one  or  both  of  the  senators  of  the  State 
erned,  provided  they  are  members  of  the  same  political  party  as 
the  President. 

Action  of  the  Senate  on  Nominations.  —  All  of  the  nominations  sent 
by  the  President  to  the  Senate  are  submitted  to  appropriate  commit- 
tees, as,  postmasters  to  the  Post  Office  Committee,  ambassadors  to  the 
Committee  on  Foreign  Affairs.  The  report  of  the  committee  is  con- 
sidered in  secret  session,  and  the  nomination  is  then  voted  on.  If  the 
vote  is  adverse,  the  President  must  make  another  nomination. 

The  Spoils  System.  —  During  the  first  forty  years  of  our 
government  there  were  only  seventy-four  removals  from 
office.  The  opinion  was  general  that  there  were  a  large 
number  of  strictly  non-political  offices  in  the  departments 
and  elsewhere,  the  holders  of  which  should  be  regarded  as 
agents  or  clerks  whose  duty  it  was  to  assist  in  carrying 
on  the  business  of  government.  Therefore  the  best  results 
could  be  secured,  it  was  believed,  only  as  these  positions 
should  be  filled  by  persons  the  most  competent,  who  might 
hope  to  retain  the  office  so  long  as  they  gave  efficient  ser- 
vice. But  with  the  coming  in  of  President  Jackson  the 
"spoils  system"  was  introduced.  This  system,  in  prac- 
tice, provides  that  political  workers  belonging  to  a  victorious 
party  may,  as  far  as  possible,  receive  reward  for  their  ser- 
vices in  the  shape  of  some  office.  "  To  the  victors  belong 
the  spoils  of  the  enemy  "  is  the  familiar  motto  of  those 
who  have  advocated  this  system.      During  the  first  year  of 


136  THE   NATIONAL   GOVERNMENT. 

President  Jackson's  administration  2000  officials  were  de- 
prived of  their  offices,  and  friends  of  the  administration 
were  put  in  their  positions.  From  that  time  there  has 
been  great  pressure  on  every  new  President  similarly  to 
reward  his  followers. 

Civil  Service  Reform.  —  While  the  evils  had  been  pointed 
out  at  various  times,  little  was  done  to  remedy  the  spoils 
system  until  Congress,  in  1883,  passed  the  Civil  Service 
Law,  known  as  the  Pendleton  Bill.  It  provides  for  a  Civil 
Service  Commission  of  three  members,  not  more  than  two 
of  whom  may  belong  to  the  same  political  party.  This 
commission  gives  competitive  examinations,  which  are  re- 
quired for  testing  the  fitness  of  applicants  for  certain  posi- 
tions in  the  public  service.  The  number  of  offices  originally 
included  under  the  act  was  about  14,000.  The  President 
is  given  the  power  to  direct  the  further  extension  of  the 
"  classified  service,"  that  is,  those  positions  that  are  to  be 
filled  by  persons  who  have  passed  the  best  examinations. 
In  1902  there  were  over  120,000  classified  offices.1  While 
much  has  been  accomplished,  during  the  past  twenty  years, 
toward  reforming  civil  service  appointments,  it  is  to  be 
hoped  that  a  large  number  of  the  unclassified  offices 
will,  at  an  early  date,  be  placed  on  the  list  to  be  filled 
only  after  examination.2      The  National  government  may 

1  Nineteenth  Report  of  the  United  States  Civil  Service  Commission,  1901- 
1902,  p.  22. 

2  In  1902  there  were  116,000  offices  unclassified  or  excepted,  some  72,000 
of  which  were  fourth-class  post  offices.  During  the  year  1901-1902,  the 
civil  service  rules  providing  for  competitive  examinations  were  extended  by 
order  of  the  President  or  by  Act  of  Congress  so  as  to  include  the  rural  free 
delivery  service,  employees  of  the  permanent  census  bureau,  and  additional 
employees  made  necessary  because  of  the  war  with  Spain. 


POWERS    AND    DUTIES    OF    THE    PRESIDENT.       I  37 

thus  further  assist  in  the  movement  for  like  reforms  already 
so  well  begun  in  some  of  our  States  and  cities. 

Duties  of  the  President.  —  Section  3.  He  shall,  from 
time  to  time,  give  to  the  Congress  information  of  the  state 
of  the  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and expedient ;  he  may, 
on  extraordinary  occasions,  convene  both  houses,  or  either 
of  them,  and  in  case  of  disagreement  between  tJiem,  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  them  to 
such  time  as  he  shall  think  proper ;  he  shall  receive  Ambas- 
sadors and  other  public  ministers;  he  shall  take  care  that 
the  laws  be  faithfully  executed,  and  shall  commission  all 
the  officers  of  the  United  States. 

Presidential  Messages.  —  By  means  of  the  annual  mes- 
sage sent  to  Congress  at  the  opening  of  the  session,  and 
special  messages  on  particular  occasions,  the  President  is 
enabled  to  call  attention  to  the  legislative  needs  of  the 
country.  The  plan  of  having  a  message  read  in  each 
House  by  the  clerk  or  secretary  was  introduced  by  Presi- 
dent Jefferson.  Presidents  Washington  and  Adams  ad- 
dressed, in  person,  Congress  assembled  in  joint  session. 
Various  reasons  have  been  alleged  for  this  change.  Presi- 
dent Jefferson  was  a  poor  speaker,  and  it  is  said  that  he 
regarded  the  formal  address  as  monarchical. 


'&*• 


Enforcement  of  the  Laws. — The  most  important  duty 
of  the  President  is  to  see  that  all  laws  passed  by  Congress 
are  faithfully  executed.  Laws  are  useless  unless  they  are 
enforced,  and  it  is  chiefly  for  the  performance  of  this  task 
that  the  Executive  was  originally  created.     It  is  not  con- 


138  THE   NATIONAL   GOVERNMENT. 

templated  that  this  duty  shall  be  performed  by  him  in 
person,  but  through  officials  who  are  directly  responsible 
to  him.  The  United  States  marshals  and  their  deputies 
exercise  a  wide  influence  in  seeing  that  the  laws  are  en- 
forced. They  usually  act  under  an  order  from  a  United 
States  court,  but  may,  at  times,  act  without  such  a  writ. 
If  necessary,  the  President  may  send  the  army  and  navy 
of  the  United  States  or  call  out  the  militia  of  the  States  to 
overcome  any  resistance  to  federal  law. 

Each  State  possesses  the  power  of  enforcing  its  own  laws  and  is  of 
right  protected  in  the  exercise  of  this  prerogative.  In  case  of  an  insur- 
rection, however,  the  State  militia  is  sent  by  order  of  the  Governor  to 
suppress  it.  Should  they  fail  to  restore  order,  the  Legislature,  or  the 
executive  (when  the  Legislature  cannot  be  convened),  applies  to  the 
President  for  military  aid.1  If  the  uprising  has  interfered  in  any  way 
with  the  carrying  out  of  the  laws  of  the  nation,  the  President  may,  at 
his  discretion,  send  troops  to  suppress  it  without  having  been  asked  to 
do  so  by  the  Legislature  or  the  Governor.  There  was  a  notable  illus- 
tration of  this  point  during  the  time  of  the  Chicago  riots,  in  July,  1894. 

President  Cleveland  vs.  The  Governor  of  Illinois.  —  In  addition  to 
destroying  property  belonging  to  the  railways  centering  in  Chicago,  the 
striking  employees  prevented  the  free  movement  of  the  trains.  Mr. 
Altgeld,  then  Governor  of  Illinois,  did  not  provide  against  these  abuses, 
and  President  Cleveland  ordered  the  United  States  troops  under  General 
Miles  to  suppress  the  rioting.  The  President,  who  was  severely  criti- 
cised by  Mr.  Altgeld,  justified  his  sending  the  troops  on  the  following 
grounds:  (1)  that  the  processes  of  the  federal  courts  could  not  be 
executed ;  (2)  that  the  transportation  of  the  United  States  mails  was 
obstructed ;  and  (3)  that  the  laws  on  interstate  commerce  were  not 
enforced. 

The  United  States  Supreme  Court  took  the  same  position  as  Presi- 

1  Article  IV,  Section  4.  The  United  States  shall  guarantee  to  every  State 
in  this  Union  a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion;  and  on  application  of  the  legislature,  or  the  executive  (when 
the  legislature  cannot  be  convened'),  against  domestic  violence. 


POWERS   AND    DUTIES   OF    THE   PRESIDENT.       139 

dent  Cleveland  in  a  case  which  grew  out  of  these  riots.  Mr.  Justice 
Brewer,  in  delivering  the  opinion  of  the  court,  said  :  "We  hold  that  the 
government  of  the  United  States  is  one  having  jurisdiction  over  every 
foot  of  soil  within  its  territory  and  acting  directly  upon  each  citizen; 
that  while  it  is  a  government  of  enumerated  powers,  it  has  within  the 
limits  of  those  powers  all  the  attributes  of  sovereignty  ;  that  to  it  is  com- 
mitted power  over  interstate  commerce  and  the  transmission  of  the 
mai!s,  and  that  these  powers  have  been  assumed  and  put  into  practical 
exercise  by  the  legislation  of  Congress." 

SUPPLEMENTARY   QUESTIONS   AND    REFERENCES. 

1.  What  have  been  some  of  the  most  important  treaties  entered  into 

on  the  part  of  the  United  States? 

2.  For  the  treaty  made  at  the  close  of  the  Spanish-American  War, 

see  Rev.  of  R's,  18:  258,  371,  515,  631;    19  :  n.  261,  262,  266,  267. 

3.  In  what  ways  may  a  treaty  be  abrogated  ?     Harrison,  This  Country 

of  Ours,  140,  141. 

4.  May   a    President    have    many   of  the    privileges    of  private    life  ? 

Harrison.  This  Country  of  Ours,  177-180. 

5.  What  are  some  of  the  official  cares  of  the  President?     Harrison, 

This  Country  of  Ours,  162-177. 

6.  The  Overworked  President.  McClure's  Mag.,  28:483-492;  Rev.  of 

R's.  25  :  464-466. 

7.  Secure  a  copy  of  the  last  report  of  the  Civil  Service  Commission, 

and  also  Manual  of  Examinations  for  the  Classified  Service  of 
the  United  States,  and  look  up  the  following:  — 

a.  How  many  persons  are  included  in  the  civil  service  of  the 

United  States? 

b.  What    proportion    of    them    is    included    in    the    classified 

service  ? 

c.  Does  the  law  of  1883  seem  to  have  brought  about  satis- 

factory results  ? 

d.  What  offices  have  been  included  in  the  extensions  of  the 

Civil  Service  Law  ? 

e.  What  is  the  nature  of  the  questions  asked  in  the  exami- 

nations ? 

8.  The   Fifteenth   Annual  Report  of   the   Commission    (pp.   443-485) 

contains    an    account    of    the    appointments    and    removals    by 


140  THE   NATIONAL   GOVERNMENT. 

the   various    Presidents   from   1789   to   1883.     Also   an  account 
of  the  growth  of  civil  service  reform  in  the  States  and  cities 
of  the  United  States,  pp.  489-502. 
9.    May  a  man  be  fitted  for  political  preferment  and  not  be  competent 
to  pass  an  adequate  examination  ? 

10.  For  other  articles   on  civil  service  reform,  see  (a)  The  Civil  Ser- 

vice and  the  Merit  System,  Forum,  27:705-712.  (b)  Some 
Popular  Objections  to  Civil  Service  Reform,  Atl.  Mo.,  65  :  433- 
444;  671-678.  (V)  Roosevelt,  An  Object  Lesson  in  Civil  Ser- 
vice Reform,  Atl.  Mo.,  67:  252-257.  (J)  George  William  Curtis 
and  Civil  Service  Reform,  Atl.  Mo.,  75 :  15-24.  (e)  Rice,  Im- 
provement of  the  Civil  Service,  N.  Am.  Rev.,  161:601-611. 
(/)  Roosevelt,  Present  Status  of  Civil  Service  Reform,  Atl. 
Mo.,  75:239-246.  (g)  Roosevelt,  Six  Years  of  Civil  Service 
Reform,  Scribner's  Mag.,  18:238-247.  (/t)  The  purpose  of 
Civil  Service  Reform,  Forum,  30  :  608-619. 

11.  What  was  the  Tenure  of  Office  Act  of  1867?     Why  did  it  become 

of  great  importance?     Is  it  still  in   force?     Wilson,   Division 
and   Reunion,    267,    270-271,    297;    Harrison,    This    Country   of 
Ours,  101-103. 
it.   What  were    the   chief  points   discussed   in   the    President's  last 
annual  message  ? 


CHAPTER    XV. 
THE   CABINET. 

Formation  of  Departments.  —  The  Constitution  nowhere 
mentions  the  President's  Cabinet.  It  was  taken  for 
granted,  however,  that  departments  similar  to  those  found 
in  the  Cabinet  would  be  formed.  The  Constitution  declares 
that  the  President  "  may  require  the  opinions  in  writing  of 
the  heads  of  the  executive  departments,"  and  again,  that 
"  Congress  may  vest  the  appointment  of  certain  inferior 
officers  in  the  heads  of  these  departments." 

In  1789  the  first  Congress  created  the  Departments  of 
State,  War,  and  Treasury,  also  the  office  of  Attorney- 
General.  President  Washington's  Cabinet  consisted  of 
the  officials  whom  he  appointed  to  fill  these  four  positions. 
The  Navy  Department  was  added  in  1798.  While  a  Post- 
Office  Department  was  established  in  1 794,  the  Postmaster- 
General  was  not  made  a  member  of  the  Cabinet  until  1829. 
In  1849,  the  Interior  Department  was  created  by  grouping 
under  it  certain  duties  which  had  belonged  to  other  de- 
partments. The  Department  of  Agriculture  was  made  a 
Cabinet  position  in  1889.  In  1903  the  Department  of 
Commerce  and  Labor  was  authorized  by  an  act  of  Con- 
gress. Members  of  the  Cabinet  receive  an  annual  salary 
of  $12,000. 

The  President  and  his  Cabinet.  —  One  of  the  first  official 
acts   of    a   President   is   to  send    to   the    Senate,    for   its 

241 


I42  THE    NATIONAL   GOVERNMENT. 

approval,  the  names  of  the  men  whom  he  desires  shall 
constitute  his  Cabinet.  This  is  now  a  mere  formality. 
The  President  is  himself  the  one  most  interested  in  the 
success  of  his  administration  and  is  of  right  given  complete 
freedom  in  selecting  his  immediate  advisers.  While  the 
views  of  the  members  of  the  Cabinet  usually  have  weight 
with  the  President,  he  is  not  obliged  to  take  their  advice. 
Indeed,  in  some  instances  the  President  has  carried  out  a 
line  of  action  which  was  against  the  wishes  of  the  secretary 
of  the  department  affected. 

The   Department  of  State. 

The  Secretary  of  State.  —  The  Secretary  of  State  is 
commonly  called  the  head  of  the  Cabinet.  He  is  first  in 
rank  at  the  Cabinet  table,  and  occupies  the  seat  of  dignity 
at  the  right  of  the  President.  Under  the  direction  of  the 
President  he  conducts  all  negotiations  relating  to  the  for- 
eign affairs  of  the  nation ;  carries  on  the  correspondence 
with  our  representatives  in  other  countries  ;  receives  the 
representatives  of  foreign  powers  accredited  to  the  United 
States,  and  presents  them  to  the  President.  Through  him, 
the  President  communicates  with  the  executives  of  the 
different  States.  He  has  charge  of  the  treaties  made  with 
foreign  powers,  and  negotiates  new  ones.  He  has  also  in 
his  keeping  the  laws  of  the  United  States  and  the  great 
seal  which  he  affixes  to  all  executive  proclamations,  com- 
missions, and  other  official  papers. 

The  Diplomatic  Bureau.  — The  United  States,  in  common 
with  other  nations,  sends  representatives  to  the  foreign 
capitals.     They  are  the  agents  through  whom  the  Secre- 


THE   CABINET.  1 43 

tary  of  State  communicates  and  negotiates  with  other 
powers.  Such  affairs  are  conducted  through  the  Diplo- 
matic Bureau.  The  United  States  has  now  about  thirty-five 
ambassadors  and  ministers.  €)ur  representatives  at  the 
courts  of  England,  France,  Germany,  Russia,  Italy,  Aus- 
tria, and  Me.xic®  are  known  as  ambassadors.  The  am- 
bassadors to  the  first  four  countries  receive  a  salary  of 
#17,500  each. 

The  social  demands  made  upon  our  Ambassadors  are  great,  and  they 
are  also  obliged  to  provide  for  their  places  of  residence.  The  salaries 
paid  are  not  sufficient  to  meet  these  necessary  expenses,  and  are  small  in 
comparison  with  those  paid  by  the  European  nations  to  officers  of  the 
same  rank.  Thus,  the  English  Ambassador  at  Washington  receives  a 
salary  of  $32,500.  Besides  the  English,  the  German,  the  Japanese,  and 
some  other  nations  have  provided  houses  for  their  legations. 

The  Consular  Bureau.  —  A  censul  is  sent  by  the  United 
States  to  each  of  the  chief  cities  in  the  consular  districts 
into  which  foreign  countries  are  divided  by  our  State 
Department.  These  consuls,  of  whom  there  are  three 
grades,  Consuls-General,  Consuls,  and  Consular  Agents, 
look  after  the  commercial  interests  of  the  United  States  in 
those  districts.  They  make  monthly  reports  on  improve- 
ments in  agricultural  and  manufacturing  processes.  These 
reports  also  give  information  regarding  good  markets  for 
our  products  and  of  the  best  markets  in  which  to  purchase 
foreign  products.1  Consuls  care  for  destitute  American 
sailors  and  protect  the  interests  of  our  citizens  in  foreign 
countries.     In  some  of  the  non-Christian  nations,  such  as 

1  Among  scores  of  similar  subjects,  our  consuls  reported  in  1900  on  the  fol- 
lowing: American  goods  in  Syria  ;  American  commerce  with  Asia  Minor  and 
eastern  Europe  ;  German  opinion  of  American  locomotives  ;  American  coal 
in  Germany  ;  Europe  and  American  competition. 


144  THE   NATIONAL   GOVERNMENT. 

China  and  Turkey,  they  also  have  jurisdiction  over  all 
criminal  cases  in  which  any  American  citizen  may  be  a 
party.  The  importance  of  such  services  to  our  country  is 
self-evident.  The  appointment  of  these  765  officials,  to- 
gether with  their  subordinates,  is  usually  secured  under 
party  pressure.  It  would  have  a  wholesome  influence  on 
our  rapidly  developing  commercial  interests  were  these 
positions  placed  in  the  classified  service.1 

The  Department  of  the  Treasury. 

The  Secretary  of  the  Treasury.  —  The  Department  of 
the  Treasury  is  the  most  extensive  and  complex  of  the 
executive  departments.  In  general,  the  Secretary  of  the 
Treasury  has  charge  of  the  finances  of  the  nation.  He  is 
required  to  prepare  plans  for  the  creation  and  improvement 
of  the  revenues  and  the  public  credit  and  to  superintend 
the  collection  of  the  revenue.  He  gives  orders  for  all 
moneys  drawn  from  the  Treasury  in  accordance  with 
appropriations  made  by  Congress,  and  submits  an  annual 
report  to  Congress  which  contains  an  estimate  of  the 
probable  receipts  and  expenditures  of  the  government. 

The  Auditors.  —  It  is  very  important  that  the  accounts  of  the  govern- 
ment should  be  carefully  scrutinized,  and  one  of  the  six  auditors  con- 
nected with  the  Treasury  Department  must  pass  upon  the  accounts  of 
every  public  officer  who  pays  out  money.  Thus,  the  Auditor  for  the 
Treasury  Department  examines  all  accounts  of  salaries  and  incidental 
expenses  of  the  office  of  the  Secretary  of  the  Treasury  and  all  other 
offices  under  his  immediate  direction,  such  as  the  Treasurer  and  Directors 
of  the  Mints. 

The  Treasurer.  —  All  the  money  of  the  United  States  is  under  the 
care  of  the  Treasurer.     He  receives  and  pays  it  out  upon  the  warrant  of 

1  See  report  Civil  Service  Commission,  1901-1902,  p.  32. 


THE   CABINET. 


*45 


the  Secretary  of  the  Treasury  or  a  designated  assistant,  redeems  the 
notes  of  the  National  banks,  and  manages  the  Independent  Treasury 
System.  This  system  renders  the  Treasury  Department  practically 
independent  of  the  banks  of  the  country.  It  includes  the  Treasury  at 
Washington  and  sub-treasuries,  each  in  charge  of  an  assistant  treas- 
urer at  Boston,  New  York,  Philadelphia,  Baltimore,  Cincinnati,  Chi- 
cago, St.  Louis,  New  Orleans,  and  San  Francisco.  While  the  greater 
part  of  the  money  belonging  to  the  government  is  found  in  these  places, 
about  two  hundred  National  banks  have  also  been  designated  as  public 
depositories. 

The  Chief  of  the  Bureau  of  Engraving  and  Printing.  —  The  Bureau  l 
of  Engraving  and  Printing  is  one  of  the  largest  in  the  department  and 
employs  about  1600  people.  It  has  been  said  that  the  products  of  this 
bureau,  in  the  course  of  a  single  year,  represent  a  sum  equal  in  value  to 
all  the  money  in  circulation  in  the  United  States  ;  for  here  the  engraving 
of  the  plates  and  the  printing  of  all  the  United  States  circulating  notes, 
bonds,  revenue  stamps,  and  postage  stamps  are  done. 

Other  Officers  of  the  Treasury  Department.  — Among  the 
other  leading  officials  of  the  Treasury  Department  are : 
Comptroller  of  the  Currency,  Commissioner  of  Internal 
Revenue,  General  Superintendent  of  the  Life-saving  Ser- 
vice, Solicitor  of  the  Treasury,  Supervising  Surgeon- 
General,  and  Supervising  Architect. 

The  Life-saving  Service.  —  This  is  one  of  the  most  important  offices 
in  the  Treasury  Department.  More  than  2000  men  are  employed  in 
the  273  stations,  located  generally  at  danger  points  on  the  oceans 
and  the  Great  Lakes.  Out  of  the  4337  lives  imperiled  in  the  year  1903 
in  the  disasters  on  water,  only  24  were  lost.'-  Of  the  property  involved, 
which  was  valued  at  $9,051,150,  88  per  cent  was  saved.  It  has  been 
estimated  that  225,000  lives  have  been  saved  through  this  service  since 
it  was  founded  in  1848. 

The  Solicitor  of  the  Treasury. —  The  Solicitor  of  the  Treasury  is 
the  law  officer  of  the  department,  and  has  charge  of  all  prosecutions 

1  The  work  of  each  department  is  usually  distributed  among  the  bureaus. 
Bureaus  are  again  divided  into  divisions.  At  the  head  of  each  bureau  is  a 
commissioner,  and  of  each  division  a  chief. 

2  Report  of  the  Secretary  of  Treasury,  1902-1903. 

L 


146  THE   NATIONAL  GOVERNMENT. 

by  the  government  arising  out  of  the  counterfeiting  of  the  government 
securities,  or  of  the  infringement  of  customs  revenue,  and  of  all  suits  for 
the  collection  of  moneys  due  the  United  States,  except  those  due  under 
the  internal  revenue  laws. 

The  Supervising  Surgeon-General. — The  Supervising  Surgeon-Gen- 
eral superintends  the  twenty-two  marine  hospitals  where  our  sick  sailors 
are  cared  for ;  conducts  the  quarantine  service  of  the  United  States ; 
and  directs  the  laboratories  for  the  investigation  of  the  causes  of  conta- 


gious diseases. 


The  War  Department. 


The  Secretary  of  War.  —  The  Secretary  of  War,  under 
the  direction  of  the  President,  has  charge  of  the  military 
affairs  of  the  government.  He  supervises  all  estimates  of 
appropriations  for  the  expenses  of  the  department.1  He 
has  under  his  supervision  also  the  military  academy  at 
West  Point,  all  national  cemeteries,  and  river  and  harbor 
improvement.  The  chiefs  of  the  eleven  bureaus  are  regu- 
lar army  officers. 

The  Adjutant-General.  —  The  Adjutant-General  issues  orders  for  the 
muster  of  troops  and  for  their  movement,  conducts  the  correspondence 
of  the  department,  and  keeps  the  records. 

The  Inspector-General.  —  The  Inspector-General  examines  and  re- 
ports on  all  places  where  United  States  troops  are  stationed ;  on  pub- 
lic works  carried  on  by  army  officers ;  and  on  the  military  academy  and 
prisons. 

The  Quartermaster-General.  —  Under  direction  of  the  Quartermaster- 
General  the  army  is  transported,  clothed,  and  equipped. 

The  Chief  of  Ordnance.  —  Arms  are  supplied  by  the  Chief  of  Ord- 
nance. The  arms  used  are  manufactured  chiefly  in  the  United  States 
arsenals.  The  arsenals  at  Springfield,  Mass.,  and  Rock  Island,  111., 
manufacture  rifles  and  carbines;  and  that  at  West  Troy,  N.Y.,  cannon 
and  mortars. 

1  The  annual  appropriation  by  Congress  for  the  army  alone  in  1903 
amounted  to  $78,138,752. 


THE    CABINET.  1 47 

The  United  States  Military  Academy. —  The  United  States  Military 

Academy  at  West  Point  was  founded  in  1802.  The  corps  of  cadets  is 
made  up  of  one  cadet  from  each  of  the  Congressional  districts,  one  from 
each  of  the  Territories  and  the  District  of  Columbia,  and  one  hundred 
from  the  United  States  at  large.  Prior  to  the  year  1900  there  were  only 
ten  cadets  at  large.  The  act  of  that  year  also  provided  that  thirty  cadets 
were  to  be  named  by  the  President  directly  and  the  remainder  appor- 
tioned among  the  States.  They  all  receive  their  appointments  from 
the  President,  but  it  has  become  the  custom  for  the  representatives 
and  delegates  to  select  (usually  after  a  competitive  examination)  those 
from  the  Congressional  districts  and  the  Territories.  The  cadet  must 
be  between  seventeen  and  twenty-two  years  of  age.  Each  receives 
$540  a  year  during  the  four  years  of  his  course.  Upon  graduation,  the 
cadets  are  commissioned  as  second  lieutenants  in  the  United  States 
army.  In  case  there  are  more  graduates  than  vacancies,  those  in  excess 
are  honorably  discharged  with  the  payment  of  one  year's  salary. 

The  Navy  Department. 

The  Secretary  of  the  Navy.  —  The  duties  of  the  Secre- 
tary of  the  Navy  pertain  to  the  construction,  manning, 
arming,  equipping,  and  employment  of  war-vessels.1 

The  United  States  Naval  Academy.  —  The  naval  academy  at  An- 
napolis was  established  in  1846.  One  cadet  is  allowed  in  the  naval 
academy  for  each  [member  or  delegate  of  the  House  of  Representatives, 
one  for  the  District  of  Columbia,  and  ten  at  large.  Candidates  for 
admission,  at  the  time  of  their  examination,  must  be  between  the  ages 
of  fifteen  and  twenty  years.  The  nomination  of  a  candidate  to  fill  a 
vacancy  is  made  upon  recommendation  of  a  representative  or  delegate 
if  made  before  July  1  :  but  if  no  recommendation  be  made  by  that  time, 
the  Secretary  of  the  Navy  fills  the  vacancy  by  appointing  an  actual  resi- 
dent of  the  district  in  which  the  vacancy  exists.  The  President  selects 
the  candidates  at  large  and  the  cadet  for  the  District  of  Columbia.  At 
the  conclusion  of  the  six  years1  course,  two  of  which  are  spent  at  sea.  the 

1  The  appropriation  fur  this  department  in  1903  was  $81,877,291. 


148  THE    NATIONAL   GOVERNMENT. 

graduates  are  assigned  in  order  of  merit  to  the  vacancies  that  may  have 
occurred  in  the  lower  grades  of  the  line  of  the  navy  and  of  the  marine 
corps.  Cadets  who  are  not  assigned  to  service  after  graduation  are 
honorably  discharged  and  are  given  $500,  the  amount  they  have  re- 
ceived each  year  of  their  course  at  the  academy. 


The  Department  of  Justice. 

The  Attorney-General.  —  The  Attorney-General  is  the 
legal  adviser  of  the  President  and  of  the  heads  of  the 
departments.  He  supervises  the  work  of  all  the  United 
States  district  attorneys  and  marshals,  and  is  assisted  by 
the  Solicitor-General.  Unless  otherwise  directed,  all  cases 
before  the  Supreme  Court  and  the  Court  of  Claims  in 
which  the  United  States  is  a  party  are  argued  by  the 
Attorney-General  and  the  Solicitor-General. 

The  Post  Office  Department. 

The  Postmaster-General.  —  The  Postmaster-General  is 
at  the  head  of  this  department.  He  appoints  all  of  the 
officers  of  the  department  with  the  exception  of  the  four 
assistant  postmasters-general  and  postmasters  of  the  first 
class,  whose  appointments  are  made  by  the  President  with 
the  consent  of  the  Senate.  The  Postmaster-General  may, 
with  the  consent  of  the  President,  let  contracts  and  make 
postal  treaties  with  foreign  governments. 

The  Postal  Union.  —  Since  1891  the  United  States  has  been  a  mem- 
ber of  the  Universal  Postal  Union.  By  this  union  over  fifty  distinct 
powers  became  parties  to  an  agreement  by  which  uniform  rates  of  post- 
age were  agreed  upon  and  every  facility  for  carrying  mails  in  each 
country  was  extended  to  all  the  others. 


THE   CABINET.  1 49 

The  Department  of  the  Interior. 

The  Secretary  of  the  Interior. — The  Interior  Department, 
under  the  supervision  of  the  Secretary  of  the  Interior,  is 
one  of  the  most  complex  and  important  of  the  departments. 
There  are  two  assistant  secretaries  in  the  department, 
while  at  the  head  of  the  other  offices  are  six  commissioners 
and  two  directors. 

The  Commissioner  of  the  General  Land  Office.  —  The  Commissioner 
of  the  General  Land  Office  has  charge  of  all  the  public  lands  of  the 
government,  and  supervises  the  surveys,  sales,  and  issuing  of  titles  to 
this  property  (see  p.  169). 

The  Commissioner  of  Education.  —  The  Commissioner  of  Educa- 
tion is  the  chief  of  the  Bureau  of  Education.  This  bureau  has  charge 
of  the  collection  of  facts  and  statistics  relating  to  the  educational  sys- 
tems and  to  progress  along  educational  lines  in  the  several  States  and 
Territories,  and  also  in  foreign  countries.  The  reports  issued  by  the 
bureau  are  of  great  value  to  those  interested  in  education.  The  com- 
missioner has  advisory  power  only,  except  in  Alaska.  Here  he  directs 
the  management  of  the  schools. 

The  Commissioner  of  Pensions.  —  The  Commissioner  of  Pensions 
supervises  the  examination  and  adjustment  of  all  claims  arising  under 
the  laws  of  Congress  granting  bounty  land  or  pensions  on  account  ol 
services  in  the  army  or  navy  during  the  time  of  war.  That  our  govern- 
ment has  not  been  ungrateful  may  be  gathered  from  the  report  of  the 
commissioner  for  1902.  There  were  in  that  year  999,446  pensioners,  to 
whom  were  paid  approximately  $140,000,000,  or  an  amount  equal 
to  24  per  cent  of  the  total  revenues  of  the  government. 

The  Commissioner  of  Indian  Affairs.  —  Prior  to  1871  the  Indian 
tribes  were  treated  as  independent  nations  by  the  United  States,  but  by 
a  law  of  that  year  the  general  government  was  made  the  guardian  of 
their  interests.  The  Commissioner  of  Indian  Affairs  exercises  a  pro- 
tecting care  over  these  "wards"  by  directing  the  work  of  the  Indian 
agents  and  of  the  superintendents  of  Indian  schools. 


150  THE   NATIONAL   GOVERNMENT. 

There  are  some  145,283  Indians  on  the  177  reservations  which  are 
in  the  various  States  and  Territories.1  The  lands  of  these  reservations 
are  held  in  common  ;  that  is,  the  ownership  is  tribal  rather  than  individ- 
ual. It  is  the  policy  of  the  government,  however,  to  bring  about  the 
allotment  of  lands  "  in  severalty,"  and  thus  to  encourage  the  Indians  to 
adopt  an  agricultural  life.  The  Indians  are  only  partially  self-supporting. 
Some  tribes  derive  an  income  from  funds  which  are  the  proceeds  derived 
from  the  sales  and  cessions  of  their  lands.  The  National  government 
holds  this  money  in  trust  for  them,  and,  by  direct  appropriation,  supplies 
the  money,  food,  and  clothing  necessary  to  complete  their  support. 
The  appropriation  for  the  Indians  in  1903  was  $8,512,950.  Over  one- 
fourth  of  this  sum  was  spent  for  their  education  in  Indian  schools,  num- 
bering nearly  300.  which  are  under  the  direct  control  of  ihe  department. 

The  Director  of  the  Geological  Survey.  —  The  Director  of  the  Geo- 
logical Survey  collects  much  valuable  information  through  the  exami- 
nation of  the  geological  structure,  mineral  resources,  and  mineral 
products  of  the  United  States.  He  has  charge,  also,  of  the  survey 
of  the  forest  reserves. 

The  Department  of  Agriculture. 

The  Secretary  of  Agriculture.  —  The  duties  of  the  Secre- 
tary of  Agriculture  are,  "  To  acquire  and  diffuse  among 
the  people  of  the  United  States  useful  information  on  sub- 
jects connected  with  agriculture  in  the  most  comprehensive 
sense  of  that  word."  The  activities  of  the  department  are 
along  many  lines,  as  indicated  by  the  names  of  the  bureaus 
and  divisions. 

Bureau  of  Animal  Industry.  —  Continuous  advancement  is  being 
made  by  the  government  toward  placing  the  agricultural  pursuits  upon 
a  more  scientific  basis.  One  of  its  most  important  services  is  performed 
in  the  Bureau  of  Animal  Industry,  which  inspects  the  greater  part  ot 

1  Census  of  1900.  This  number  does  not  include  the  Indians  found  in  the 
Indian  Territory.  According  to  this  census  the  total  number  of  Indians  then 
in  the  United  States  was  331,000. 


THE   CABINET.  151 

the  meat  products  exported  to  European  countries.  The  law  providing 
for  this  inspection  was  necessary  because  of  the  claim  in  European 
markets  that  diseased  meats  were  shipped  from  the  United  States.  An 
inspection  is  also  provided  for  live  animals  intended  for  exportation  and 
for  animals  imported.  Much  scientific  work  is  also  devoted  to  a  study 
of  the  various  diseases  of  animals. 

The  Division  of  Seeds.—  Over  $100,000  are  expended  each  year  by 
the  Division  of  Seeds  in  the  purchase  of  "  rare  and  valuable  "  seeds, 
bulbs,  and  plants.  These  are  distributed  free  throughout  the  country 
for  the  purpose  of  fostering  the  introduction  of  new  and  more  valuable 
crops. 

Public  Road  Inquiries. — Another  important  interest  is  carried  on  by 
the  Office  of  Public  Road  Inquiries.  Here  experiments  are  made  with 
regard  to  the  best  system  of  road-making  and  the  best  materials  to  be 
used  for  that  purpose. 

Weather  Bureau. —  Through  the  Weather  Bureau  daily  forecasts  and 
warning  of  storms  are  sent  to  over  50,000  different  points,  and  storm 
signals  are  displayed  at  300  places  on  our  coasts.  By  its  operation, 
millions  of  dollars  are  saved  each  year  to  the  agricultural  and  maritime 
interests  of  the  country.  A  recent  decree  of  the  Post-Office  Department 
renders  the  reports  of  the  bureau  of  still  greater  service.  Slips  of 
p.iper  having  the  storm,  frost,  or  other  warnings  printed  on  them  are 
distributed  by  the  rural  mail  carriers  at  the  various  houses  in  the  dis- 
tricts affected. 

The  Department  of  Commerce  and  Labor. 

Nature  of  the  Department.  —  Because  of  the  nature  of 
the  subjects  assigned  to  this  new  department,  it  will 
rapidly  become  one  of  the  most  important  of  the  de- 
partments. Among  the  duties  of  the  Secretary  of  Com- 
merce and  Labor  are  to  promote  the  commerce  and  the 
mining,  manufacturing,  shipping,  fishery,  transportation, 
and  labor  interests  of  the  United  States.  The  President 
is  given  the  power  to  transfer  to  the  department  those 
bureaus    in    other    departments    which    are    engaged    in 


152  THE   NATIONAL   GOVERNMENT. 

scientific  or  statistical  work,  the  Interstate  Commerce 
Commission  and  the  scientific  divisions  of  the  Agricultural 
Department  being  excepted.  The  offices  which  have  been 
transferred  are  as  follows :  the  Bureau  of  Labor ;  the 
Bureau  of  Statistics;  Census  Bureau  and  Immigration 
Bureau  ;  Bureau  of  Standards  of  Weights  and  Measures  ; 
Bureau  of  Navigation;  the  Steamboat  Inspection  Service; 
Bureau  of  Fisheries ;  Coast  and  Geodetic  Survey  and 
Light-House  Board.  The  Bureau  of  Corporations  was 
created  for  the  department.  The  Commissioner  of  Corpo- 
rations is  expected  to  investigate  the  organization,  conduct, 
and  management  of  the  business  of  corporations  and  other 
combinations  engaged  in  interstate  or  foreign  commerce, 
except  such  carriers  as  may  be  subject  to  the  interstate- 
commerce  act. 

The  Commissioner  of  Labor.  —  This  official  is  charged  with  the  duty 
of  investigating  the  relations  between  labor  and  capital;  the  earnings 
of  laborers  ;  and  the  means  which  may  be  used  to  promote  their  welfare. 
Every  other  month  a  bulletin  is  published  which  sets  forth  the  condition 
of  labor  in  this  and  other  countries. 

The  Chief  of  the  Bureau  of  Statistics.  —The  Chief  of  the  Bureau  of 

Statistics  collects  and  publishes  the  annual  statistics  on  commerce. 
These  reports  are  of  such  a  character  that  they  are  invaluable  to  the 
President  in  the  preparation  of  his  messages  ;  and  they  are  used  exten- 
sively by  the  heads  of  departments,  members  of  Congress,  and  the 
public.  Tariff  laws,  special  legislation  for  particular  industries,  and  all 
international  trade  treaties  are  also  based  on  these  compilations.  The 
greatest  demand  is  for  the  Annual  Statistical  Abstract,  which  presents 
in  a  condensed  form  the  history  of  the  commerce  of  the  United  States 
for  a  number  of  preceding  years. 

The  Commissioner-General  of  Immigration.  —  This  officer  superin- 
tends the  work  of  the  Commissioners  of  Immigration  who  are  in  charge 
of  inspectors  at  the  ports  of  entrance.  Every  immigrant  must  undergo 
a  rigid  examination  in  order  to  ascertain  whether  he  belongs  to  any  of 


THE   CABINET  I  53 

the  prohibited  classes.1  Each  immigrant  must  pay  a  tax  of  one  dollar, 
which  sum  is  used  to  pay  the  expenses  of  the  bureau.  The  work  of  the 
Census  Bureau  was  described  on  pages  55-56. 

The  Superintendent  of  the  Coast  and  Geodetic  Survey. — This 
officer  superintends  the  survey  of  the  coasts  and  rivers  of  the  United 
States.  He  has  charge  of  the  publication  of  charts  and  sailing  direc- 
tions which  are  of  inestimable  value  to  mariners. 

The  Light-House  Board.  —  The  Light-House  Board  has  charge  of  the 
light-houses,  of  which  1199  had  been  established  previous  to  the  year 
1899,  besides  the  light  vessels  and  beacons  used  for  the  protection  of 
navigation. 

SUPPLEMENTARY   QUESTIONS   AND    REFERENCES. 

1.  Does  the  President  select  the  members  of  his  Cabinet  from  among 

former  members  of  Congress  ?     Would  this  be  desirable  ? 

2.  Have  the   members  of  the  Cabinet  ever  been   allowed  to  appear 

before  Congress  in  the  interests  of  their  own  departments? 
Would  this  be  desirable  ?  Walker,  The  Making  of  the  Nation, 
92;  Bryce,  American  Commonwealth,  I,  Chapter  9;  Atl.  Mo., 
65:771-772. 

3.  Who  are  now  the   heads   of  the   executive   departments?     Were 

they  prominent  in  National  affairs  before  they  were  selected  for 
these  positions? 

4.  In   1901   a  bill  wan  introduced   in  the   House  of  Representatives 

which  provided  for  an  increase  of  the  annual  salary  of  the  Vice- 
President  to  $25,000.  and  that  of  each  member  of  the  Cabinet 
to  $15,000.  What  reasons  can  you  give  for  or  against  such  a 
change  ? 

5.  What  was   the   history   of  the   State   Department    prior  to   1789? 

Harrison,   This  Country  of  Ours,    182-187. 

6.  Give  a  list  of  the  Presidents  who  have  been  Secretaries  of  State. 

How  do  you  account  for  this  policy  in  the  first  years  of  our 
government,  and  not  at  a  later  time  ?  Name  some  of  the  other 
prominent  Secretaries  of  State. 

1  In  1903  there  were  857,046  immigrants  to  the  United  States,  and  8769 
wne  refused  admission.  Of  these  there  were  5812  paupers  ;  1086  contract 
laborers;    1773  diseased  persons. 


154  THE   NATIONAL   GOVERNMENT. 

7.  Who  are   our  ambassadors  ?     Can   you   give   the   name   of  any 

foreign  ambassadors  in  Washington  ?  See  Congressional 
Directory. 

8.  The  methods  by  which  our  ministers  are  selected,  take  possession 

of  their  offices,  and  are  presented  at  foreign  courts,  are  described 
in  Curtis,  The  United  States  and  Foreign  Powers,  15-21. 

9.  The  Duties  of  Ministers.     Curtis,  The  United  States  and  Foreign 

Powers,  22-26. 

10.  Are  our  ambassadors  given  adequate  salaries  ?  Curtis,  The  United 

States  and  Foreign  Powers,  13,  14. 

11.  From  a  consular  report  learn  what  the  duties  of  a  consul  are. 

Curtis,  The  United  States  and  Foreign  Powers,  30-33. 

12.  For  an  account  of  our  consular  service,   a  comparison  with  that 

of  other  nations,  and  a  consideration  of  some  of  the  weaknesses 
in  our  system,  see  Curtis,  The  United  States  and  Foreign  Powers, 
28-30. 

13.  A  Business  Man  and  the  Consular  Service,  Century  Mag.,  Co:  268- 

271. 

14.  Abuses  in  our  Consular  System  arising  through  Appointment, 

Atl.  Mo.,  85  :  455-466,  and  669-683. 

15.  A  Plea  for  Consular  Inspection,  Forum,  30:  28-34. 

16.  What  is  the  Great  Seal  of  the  United  States,  and  what  is  its  use? 

Harrison,  This  Country  of  Ours,  199-200. 

17.  What  is  the  particular  work  of  the  Marine  Department?  of  the 

Steamboat  Inspection  Service?  of  the  Marine  Hospital?  Lyman 
J.  Gage,  Organization  of  the  Treasury  Department,  Cosmopoli- 
tan, 25  : 355-365- 

18.  What  is  the  work   of  the  Bureau  of   Engraving  and   Printing  ? 

Spofford,  The  Government  as  a  Great  Publisher,  Forum,   19: 

338-349- 

19.  What  is  the  extent  of  our  merchant  marine  ?     Should  it  be  in- 

creased?    Statistical  Abstract  of  the  United  States,  igoo,  437- 

450- 

20.  From  the  Appendix  to  the  last  Finance  Report  get  the  chief  points 

connected  with  the  work  of  the  following  officials :  Treasurer, 
Report,  1898,  Appendix,  1-20;  Chief  of  the  Secret  Service  Divi- 
sion, 861-867.  A  good  description  of  the  Treasury  Department 
is  given  in  Scribner's  Mag.,  33:  400-411. 


THE   CABINET.  I  55 

21.  From  the  last  report  of  the  Bureau  of  Statistics  find  answers  for 

the  following  :  The  expenditures  of  the  government  in  the  differ- 
ent departments;  value  of  merchandise  imported  and  exported; 
amounts  of  coin,  wheat,  cotton,  wool,  and  iron  produced,  im- 
ported, and  exported;  the  chief  nationalities  of  immigrants, 
and  comparison  of  the  total  number  with  previous  years. 

22.  Are  our  coasts  well  defended?     Harrison,  This  Country  of  Ours, 

225. 

23.  Describe  the  work  of  the  President,  Secretary  of  War,  Secretary  of 

the  Navy,  and  of  the  other  Cabinet  officers  at  the  outbreak  of 
war,  Cosmop.  25  :  255-264. 

24.  For  illustrated  articles  on  Education  at  West  Point  and  Annapolis, 

see  Outlook,  59  :   839-849,  825-837. 

25.  Comparison   of  our  Pension  System  with  that  of  other  Nations, 

Forum,  33 :   346-348. 

26.  Defects  in  our  Pension  System,  Forum,  31  :  670-680. 

27.  Changing  Character    of  the    Immigration   to   the   United  States, 

Rev.  of  R's,  24:  723,  724. 

28.  Why  the  Chinese  should  be  excluded,  Forum,  33  :  53-59. 

29.  Why  the  Chinese  should  be  admitted,  Forum,  33  :  50-68. 

30.  Influence  of  the  Allotment  of  Land  on  the  Indian,  Forum,  34: 

466-480. 

31.  Results  of  the  Work  of  Experiment  Stations,  Scribner's  Mag.,  31 : 

643-660. 

32.  For  accounts  of  the  new  Congressional  Library,  see  Century  Mag., 

53:  682-694;  694-71  x ;  Atl.  Mo.,  85:  145-158;  Cosmop.,  23:  10- 
20. 

33.  What  is  the  special  value  of  the  work  of  the  Bureau  of  American 

Republics  ?     Forum,  30  :  21-27. 
For  other  questions  and  references  on  the  topics  in  this  chapter  con- 
sult Government  in  State  and  Nation,  299-302. 


CHAPTER   XVI. 

THE   NATIONAL  JUDICIARY. 

Article  III. 

Establishment  of  an  Independent  Tribunal.  —  Alexander 
Hamilton  characterized  the  lack  of  a  judiciary  as  the 
crowning  defect  of  government  under  the  Confederation. 
If  we  consider  the  nature  of  our  present  government, 
it  is  easily  seen  that  some  form  of  independent  tri- 
bunal is  necessary.  We  have  a  central  government 
exercising  complete  control  over  National  affairs  and  for- 
eign relations  and,  at  the  same  time,  the  State  governments 
with  equally  complete  control  over  questions  arising  within 
their  limits.  If  differences  arise,  then,  as  to  the  authority 
of  National  or  State  government  over  a  given  question, 
how  are  these  disputes  to  be  settled  peaceably?  After  a 
brief  discussion,  the  problem  was  answered  in  the  Con- 
stitutional Convention  by  the  formation  of  a  federal 
judiciary. 

Organization  of  the  Judiciary.  —  The  organization  of  the 
judiciary  is  provided  for  as  follows  :  Section  I.  TJie  judi- 
cial power  of  the  United  States  shall  be  vested  in  one  Su- 
preme Court,  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.      The  judges, 

156 


THE    NATIONAL   JUDICIARY.  157 

both  of  the   Supreme  and  inferior  courts,  shall  hold  their 
offices  during  good  behavior,  and  shall,  at  stated  times,  re- 
e  for  their  services  a  compensation  which  shall  not  be 
diminished  during  their  continuance  in  office. 

In  1789  Congress  provided  that  the  Supreme  Court 
should  consist  of  a  Chief  Justice  and  five  Associates. 
Circuit  and  District  Courts  were  also  established.  The 
Supreme  Court  at  present  consists  of  the  Chief  Justice  and 
eight  Associate  Justices.  It  holds  one  session  annually,  at 
Washington,  beginning  on  the  second  Monday  in  October 
and  continuing  until  about  May  1. 

District  Courts.  —  The  territory  of  the  United  States  has  been 
divided  into  judicial  districts,  none  of  them  crossing  State  lines  and  each 
having  a  District  Court.  Indian  Territory,  New  York,  and  Texas  have 
each  four  districts  ;  Alabama,  Pennsylvania,  and  Tennessee  three  each  ; 
Arkansas,  California,  Florida,  Georgia,  Illinois,  Iowa,  Kentucky, 
Louisiana,  Mississippi,  Michigan,  Missouri,  North  Carolina,  Ohio,  Vir- 
ginia, Wisconsin,  and  West  Virginia  two  each  ;  and  the  remaining  States 
have  each  a  single  district.  New  Mexico  and  Oklahoma  constitute  a  dis- 
trict, and  also  Alaska,  Arizona,  and  Hawaii.  Generally  there  is  a  judge 
for  each  district,  but  a  single  judge  is  at  times  assigned  to  two  districts. 

A  District  Attorney  and  Marshal  are  appointed  by  the  President  for 
each  District  Court.  The  United  States  District  Attorney  is  required 
to  prosecute  all  persons  accused  of  the  violation  of  Federal  law  and  to 
appear  as  defendant  in  cases  brought  against  the  government  of  the 
United  States  in  his  district.  The  United  States  Marshals  execute  the 
warrants  or  other  orders  of  the  United  States  District  and  Circuit 
Courts  and,  in  general,  perform  duties  connected  with  the  enforcement 
of  the  Federal  laws  which  resemble  the  duties  of  sheriffs  under  State 
laws. 

Circuit  Courts.  —  The  policy  has  been  to  have  as  many  Circuit 
Courts  as  there  are  Justices  of  the  Supreme  Court.  It  was  not  until 
1869  that  a  Circuit  Judge  was  provided  for  each  of  the  nine  circuits. 
The  areas  of  the  circuits  were  determined  by  grouping  several  districts 
together;  thus,  the  seventh  circuit  includes  the  districts  of  Indiana, 
Northern   and    Southern    Illinois,   Eastern   and   Western   Winconsin. 


158  THE  NATIONAL  GOVERNMENT. 

Circuit  Courts  may  be  held  by  a  Judge  of  the  Supreme  Court  assigned 
to  that  circuit,  by  a  Circuit  Judge,  or  by  the  District  Judge  of  the  dis- 
trict in  which  the  court  is  held,  or  by  any  two  of  these  or  by  all  of  them 
sitting  together.  The  law  requires  that  the  Justice  of  the  Supreme 
Court  shall  attend  court  in  each  district  of  his  circuit  at  least  once  in  two 
years.  The  first  and  fourth  circuits  have  each  two  Circuit  Judges; 
the  second  and  eighth  four  each  ;  and  the  other  circuits  three  each. 
The  increase  in  the  number  of  cases  to  be  tried  before  the  Circuit 
Courts  made  the  appointment  of  additional  Circuit  Judges  necessary, 
and  by  the  law  of  1891,  also,  nine  Circuit  Courts  of  Appeals  were  es- 
tablished, for  each  of  which  an  additional  Circuit  Judge  was  provided. 
The  Circuit  Courts  of  Appeals  consist  of  three  Judges  each,  any  two 
constituting  a  quorum.  The  Judges  eligible  to  sit  in  one  of  these 
courts  are  :  the  Supreme  Court  Judge  assigned  the  Circuit,  the  Circuit 
Judges,  and  the  District  Judges  of  the  Circuit. 

The  Court  of  Claims  was  established  in  1855  and  consists  of  a  Chief 
Justice  and  four  Associates.     It  holds  an  annual  session  in  Washington. 

Terms  and  Salaries  of  the  Judges.  —  That  the  judiciary- 
should  be  independent  of  parties  and  of  other  influences 
cannot  be  questioned.  Hence  the  wisdom  of  the  provision 
that  United  States  judges  shall  hold  their  offices  during 
good  behavior  and  shall  receive  a  compensation  for  their 
services  which  shall  not  be  diminished  during  their  con- 
tinuance in  office.  Judges  of  the  United  States  courts  are 
appointed  by  the  President  with  the  consent  of  the  Senate. 

By  an  act  of  Congress  of  1903,  the  salary  of  the  Chief 
Justice  was  fixed  at  $13,000  per  annum  ;  that  of  Associate 
Justices,  $12,000;  Circuit  Judges,  $7500;  and  District 
Judges,  $6000. 

Jurisdiction  of  the  National  Courts.  —  We  are  next  to 
consider  the  jurisdiction  of  the  several  courts  that  have 
been  described. 

Section  2,  Clause  1.  The  judicial  power  shall  extend  to 
all  cases,  in  law  and  equity,  arising  under  this  Constihition, 
the  laws  of  the  United  States,  and  treaties  made,  or  which 


THE   NATIONAL  JUDICIARY.  159 

shall  be  made,  under  their  authority  ;  —  to  a/leases  affecting 
Ambassadors,  other  fab  lie  ministers  and  Consuls  ;  — to  all 
cases  of  admiralty  and  maritime  jurisdiction  ; — to  contro- 
versies to  which  the  United  States  shall  be  a  party ;  —  to 
controversies  between  two  or  more  States  ;  —  between  a  State 
and  citizens  of  another  State  ;  —  be^wj^M-citisens-o^differeyit^^^ 
St.at.es-j  —  between  citizens  of  the  same  State  claiming  lands 
under  grants  of  different  States,  and  between  a  State,  or  the 
citizens  thereof,  and  foreign  states,  citizens  or  subjects.  A 
careful  consideration  of  this  clause  shows  the  wide  extent 
of  the  powers  of  the  United  States  courts.  It  shows  also 
the  desirability  of  having  all  such  cases  under  their  juris- 
diction rather  than  under  the  authority  of  the  State  courts. 
Associate  Justice  Brewer  wrote  recently,  with  reference  to 
the  influence  of  the  decisions  of  the  Supreme  Court  on  the 
history  of  the  country  : J  "  Its  decisions  have  always  been 
in  harmony  with  and  sustaining  the  proposition  that  this 
republic  is  a  nation  acting  directly  upon  all  its  citizens, 
with  the  attributes  and  authority  of  a  nation,  and  not  a 
mere  league  or  confederacy  of  States.  The  importance  of 
this  cannot  be  overestimated,  and  will  be  appreciated  by 
all  who  compare  the  weakness  of  the  old  confederacy  with 
the  strength  and  vigor  of  the  republic  under  the  present 
Constitution." 

Suit  against  a  State  by  a  Citizen  of  Another  State.  —  In  the  nota- 
ble case  of  Chisholm  vs.  Georgia  in  1793,  Chisholm,  a  citizen  of  North 
Carolina,  began  action  against  the  State  of  Georgia  in  the  Supreme 
Court  of  the  United  States.  That  court  interpreted  the  clause  as  apply- 
ing to  cases  in  which  a  State  is  d<  fendant,  as  well  as  to  those  in  which 
it  is  plaintiff.     The  decision  was  received  with  disfavor  by  the  States, 

1  "The  Supreme  Court  of  the  United  States,"  Sa-ibner's  Magazine,  Vol.  33  ■ 
275,  276. 


160  THE   NATIONAL   GOVERNMENT. 

and  Congress   proposed   the   Xlth  Amendment   to   the   Constitution, 
which  was  ratified  in  1798  and  is  as  follows :  — 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States,  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  state. 

Original  and  Appellate  Jurisdiction.  —  Clause  2.  In  all 
cases  affecting  Ambassadors,  other  public  ministers  and  Con- 
suls,  and  those  in  wJiidi  a  State  shall  be  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  alltlie  other  cases 
before  mentioned,  the  Supreme  Court  shall  have  appellate 
jurisdiction,  both  as  to  lazv  and  fact,  with  such  exceptions, 
and  under  such  regulations  as  the  Congress  shall  make. 

The  Supreme  Court  has  original  jurisdiction  in  "all 
cases  affecting  Ambassadors,  other  public  ministers,  and 
Consuls,  and  those  in  which  a  State  shall  be  a  party." 
Original  jurisdiction  means  that  these  cases  may  be  begun 
in  the  Supreme  Court.  Other  cases  are  brought  to  the 
Supreme  Court  from  the  inferior  United  States  courts  or 
from  the  supreme  courts  of  the  States  and  Territories  by 
appeal.  In  such  cases  the  Supreme  Court  is  said  to  have 
appellate  jurisdiction. 

Jurisdiction  of  the  Inferior  Courts.  —  It  is  difficult  in 
brief  space  to  define  minutely  the  province  of  each  court. 
The  following  accounts,  therefore,  give  only  a  general 
description  :  — 

The  Circuit  Courts  of  Appeals  are  given  final  jurisdiction  in  certain 
cases  appealed  to  them  from  the  District  and  from  the  Circuit  Courts, 
such  as  those  arising  under  the  patent,  revenue,  and  criminal  laws,  as 
well  as  admiralty  and  other  cases  in  which  the  opposing  parties  to  a 
suit  are  an  alien  and  a  citizen,  or  are  citizens  of  different  States.  The 
Supreme  Court  has  thus  been  partially  relieved  from  an  overcrowded 


THE    NATIONAL  JUDICIARY.  l6, 

docket.  But  jurisdiction  in  these  cases  may  be  assumed  by  the  Supreme 
Court  if  it  desires  to  do  so. 

The  Circuit  Courts  have  original  jurisdiction  in  patent  and  copyright 
cases,  and  in  cases  brought  by  the  United  States  against  National 
banks,  and  they  have  exclusive  jurisdiction  in  capital  cases.  -Jurisdic- 
tion of  the  District  Courts  embraces  chiefly  criminal  cases,  admiralty 
cases,  bankruptcy  proceedings,  suits  for  penalties,  and  the  like." 

The  Court  of  Claims  "shall  hear  and  determine  all  claims  founded 
upon  any  law  of  Congress,  or  upon  any  regulation  of  an  executive  de- 
partment, or  upon  any  contract,  express  or  implied,  with  the  govern- 
ment of  the  United  States,  which  may  be  suggested  to  it  by  a  petition 
filed  therein ;  and  also  all  claims  which  may  be  referred  to  said  Court 
by  either  House  of  Congress."1 

Trial  by  Jury.  — The  right  of  trial  by  jury  in  all  criminal 
cases  had  been  insisted  upon  by  Englishmen  for  centuries 
prior  to  the  formation  of  our  Constitution.  There  were 
two  branches  to  the  system,  the  grand  and  the  petit  juries. 
Each  performed  the  same  duties  as  they  do  now.  The 
Constitution  provides  in  Section  2,  Clause  I,  that 

The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State 
zvhere  the  said  crime  shall  have  been  committed ;  but 
when  not  committed  within  any  State,  the  trial  shall  be 
at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

This  clause  was  attacked  by  the  opponents  of  the  Con- 
stitution in  the  State  conventions.  It  was  believed  that 
the  Constitution  did  not  furnish  adecmate  safeguards  against 
unjust  prosecutions.  Because  of  this  agitation,  Congress, 
in  its  first  session,  proposed  Amendments  V,  VI,  VII,  and 
VIII,  which  were  duly  ratified  by  the  several  States. 

Amendment  V.     TV*'  person  shall  be  In  Id  to  answer  for 

1  10  Statutes  at  Large,  012. 


162  THE   NATIONAL   GOVERNMENT. 

a  capital,  or  otherwise  infamous  crime,  unless  on  a  present- 
ment or  indictment  of  a  grand  jury,  etc.1 

Authorities  have  had  difficulty  in  giving  an  exact  defini- 
tion of  an  infamous  crime.  That  given  by  Judge  Cooley 
is  the  most  satisfactory.  He  says:  "But  the  punishment 
of  the  penitentiary  must  always  be  deemed  infamous,  and 
so  must  any  punishment  that  involves  the  loss  of  civil  or 
political  privileges." 

The  Grand  Jury.  —  A  grand  jury  consists  of  from  twelve 
to  twenty-three  men.  They  sit  in  secret,  and  no  accusation 
can  be  made  by  them  without  the  concurrence  of  at  least 
twelve.  An  indictment  is  a  written  accusation  of  an  offense 
drawn  up  by  a  prosecuting  officer  on  behalf  of  the  govern- 
ment and  laid  before  the  grand  jury.  "  A  presentment  is 
an  accusation  by  a  grand  jury  of  an  offense  upon  their 
own  observation  and  knowledge,  or  upon  evidence  before 
them,  and  without  any  bill  of  indictment  laid  before  them 
at  the  suit  of  government."  2  In  the  case  of  a  presentment, 
the  party  accused  cannot  be  held  to  trial  until  he  has  been 
indicted.  After  hearing  the  evidence,  if  the  grand  jury 
concludes  that  the  accusation  is  not  true,  they  write  on 
the  back  of  the  bill,  "  Not  a  true  bill  "  or  "  Not  found." 
The  accused,  if  held  in  custody,  is  then  given  his  freedom, 
but  he  may  be  again  indicted  by  another  grand  jury.  If 
the  grand  jury  decides  that  the  accusation  is  true,  they  then 
write  on  the  back  of  the  bill,  "  A  true  bill "  or  "  Found." 
The  indicted  person  must  be  held  to  answer  the  charges 
made  against  him. 

1  See  Appendix  A. 

2  Story,  "  Commentaries  on  the  Constitution,"  §  1784. 


THE   NATIONAL   JUDICIARY.  163 

Rights  of  the  Accused. — Amendment  VI.  /;/  all  crimi- 
nal prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy 
and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
wherein  the  crime  shall  have  been  committed,  etc.  {see  Ap- 
pendix A). 

Amendment  VII.  In  suits  at  common  lata,  where  the 
value  in  controversy  shall  exceed  twenty  dollars,  the  right  of 
trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury 
shall  be  otherwise  reexamined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 

The  accused  must  be  given  a  public  and  speedy  trial 
before  an  impartial  jury,  known  as  the  petit  jury,  consist- 
ing of  twelve  men  from  the  district  wherein  the  crime  was 
committed.  The  decision  must  be  unanimous  before  a 
verdict  can  be  rendered.  The  accused  is  given  a  copy  of 
the  indictment  in  which  the  nature  of  the  accusation  is 
clearly  set  forth  and  is  granted  time  in  which  to  prepare 
for  his  defense.  Equally  just  and  significant  are  the 
provisions  that  he  shall  be  confronted  by  the  witnesses 
against  him,  may  compel  the  attendance  of  witnesses  in 
his  favor,  and  may  employ  counsel  for  his  defense.  In 
case  he  is  not  able  to  pay  for  his  own  counsel,  the  judge 
appoints  one  whose  services  are  paid  for  out  of  the  public 
treasury.  If  the  verdict  has  been  rendered  by  a  jury  and 
the  judgment  pronounced,  the  accused  cannot  be  again 
brought  to  trial  on  the  same  charge. 

SUPPLEMENTARY    QUESTIONS    AND    REFERENCES. 

1.  What  are  the  names  of  the  members    of  the  Supreme  Court  at 

present?     Congressional  Directory. 

2.  How  large  are  the  circuit  and    district    in    which    your  home    is 

located?     Who  are  the  judges?     Congressional  Directory. 


1O4  THE    NATIONAL   GOVERNMENT. 

3.  Under  what  conditions  may  a  case  be  appealed  from  the  Supreme 

^ourt  of  the  State  to  the  United  States  Supreme  Court  ?     Bryce, 
American  Commonwealth,  I,  228-230  (232-234). 

4.  How  is  the  fact  that  conflicts  betv/een  the  authority  of  the  Federal 

and  the  State  Courts  do    not   arise,    accounted  for  ?     Bryce,  I, 

234-235  (238). 

5.  Are  the   United  States  Courts    influenced    in    their    decisions   by 

politics?     Bryce,  I,  259-261  (265-267). 

6.  Define  treason  and  the  punishment  therefor.     Constitution,  Art 

III,   Sec.  3,  Clauses  1    and  2.      See    Government   in    State    and 
Nation,  312,  313. 

7.  Describe  the  influence  of  John  Marshall  as  Chief  Justice. 

(a.)  John  Marshall,  American  Statesmen  Series,  Chapters  X  and 

XI. 
(b.)  Bryce,  I,  261  (267). 
(c)   Lodge.   "John   Marshall,   Statesman,"  N.  Am.  Rev.,   172: 

191-204. 
(c7.)  John  Marshall,  Atl.  Mo.,  87  :    328-341. 

8.  Show  how  the  development  of  our  Constitution  by  interpretation 

has  been  brought  about.     Bryce,  I,  3^6-375    (376-38s)- 

9.  What  has  been  the  influence  of  the  Supreme  Court  in  the  history 

of  our  Nation  ?     Scribners  Mag.,  33  :  273-284. 


CHAPTER   XVII. 

TERRITORIES  AND   PUBLIC  LANDS. 

The  History  of  Territories. — The  first  Territories  of  the 
United  States  were  formed  in  the  region  lying  north  of  the 
Ohio  River  and  east  of  the  Mississippi  River.  Here  several 
of  the  original  States  (viz.,  Massachusetts,  Connecticut, 
New  York,  and  Virginia)  had  had  claims,  which  they 
ceded  to  the  general  government  during  the  period  of  the 
Confederation.  The  Ordinance  of  1787  was  the  instrument 
of  government  for  the  entire  Northwest  Territory  until 
the  adoption  of  the  Constitution,  when  it  was  reenacted 
by  the  new  Congress  in  1791.  In  the  years  that  followed, 
special  acts  were  passed  for  the  government  of  the  different 
Territories  that  were  erected  where  now  we  find  the  States 
of  Ohio,  Indiana,  Illinois,  Michigan,  and  Wisconsin.  In 
like  manner,  the  region  lying  south  of  Kentucky  was 
ceded  to  the  United  States  by  the  Carolinas  and  Georgia, 
and  was  then  formed  into  Territories  and  governed  by 
Congress.  Next,  the  Louisiana  Purchase,  Florida,  the 
Mexican  Cession,  and  the  Oregon  Territory  came  under  the 
control  of  Congress ;  a  succession  of  Territories  was  thus 
created,  the  most  of  which  have  subsequently  been  ad- 
mitted into  the  Union  as  States.  In  the  government  of 
these  Territories,  Congress  has  acted  in  accordance  with 
an  important  power  granted  to  it  by  the  Constitution 

I6q 


166  THE    NATIONAL  GOVERNMENT 

Article  IV,  Section  3,  Clause  3.      The  Congress  shall have 

power  to  dispose  of  and  make  all  needful  rules  and  regnla- 
tions  respecting  the  territory  or  other  property  belonging  to 
the  United  States. 

The  Government  of  Organized  Territories.  — Territories 
may  be  classified  as  (1)  organized  and  (2)  unorganized. 
Of  the  former  we  have  at  present  Porto  Rico,  Hawaii, 
New  Mexico,  Arizona,  and  Oklahoma. 

The  governing  authorities  in  each  are :  ( 1 )  a  governor, 
appointed  by  the  President,  with  the  consent  of  the  Senate  ; 
(2)  administrative  officers — secretary,  treasurer,  auditor, 
attorney-general,  adjutant-general,  and  superintendent  of 
education,  all  appointed  in  the  same  way  ;  (3)  a  legislature 
consisting  of  two  houses,  the  members  of  which  are  elected 
by  popular  vote ;  (4)  a  system  of  courts  in  which  the 
judges  are  appointed  by  the  President  and  Senate. 

Relations  between  Territories  and  Congress.  — A  Territory 
is  organized  by  an  act  of  Congress  which  provides  for 
these  officers  and  prescribes  their  powers.  The  territorial 
legislature  controls  the  internal  affairs  of  the  Territory ; 
but  its  acts  may  be  modified  or  entirely  annulled  by  Con- 
gress. The  people  of  a  Territory  have  no  voice  in  National 
affairs,  but  they  elect  a  delegate  to  Congress,  who  may 
debate  but  not  vote. 

Porto  Rico.  —  The  government  of  Porto  Rico  is  different  at  some 
points  from  that  of  the  other  organized  Territories.  The  upper  house 
of  its  legislature  is  the  Executive  Council  and  consists  of  the  adminis- 
trative officers  of  the  Territory  (secretary,  treasurer,  auditor,  commis- 
sioner of  the  interior,  attorney-general,  and  commissioner  of  education) 
and  five  other  persons  appointed  by  the  President.  Five  of  the  eleven 
members  of  this  Council  must  be  natives  of  Porto  Rico.     The  House 


TERRITORIES    AM)    PUBLIC    LANDS.  167 

nt  Delegates  has  thirty-five  members,  elected  triennially  by  the  voters. 
There  is  eli  cted  by  the  people  a "  resident  commissioner ''  to  the  United 

States,  who,  unlike   the  delegates  from  other  Territories,  has  no  se.U  in 
Congress,  but  rather  has  official  relations  with  the  President. 

The  Territory  of  Hawaii.  —  Hawaii  was  annexed  to  the  United 
States  in  1898,  and  its  government  was  established  by  Congress  in 
1900.  The  administrative  officers  in  this  Territory  are  appointed  by 
the  governor,  instead  of  by  the  President.  Voters  in  Hawaii  must  be 
able  to  read  and  write  either  the  English  or  Hawaiian  language. 

Unorganized  Territories.  —  Alaska  and  Indian  Territory  are  called 
unorganized  territories.  The  former  has  a  governor,  an  attorney- 
general,  and  a  surveyor-general,  together  with  a  judiciary  consisting  of 
three  judges.  There  is  no  legislature;  Congress  enacted,  in  1900,  a 
complete  civil  code  for  Alaska. 

Indian  Territory  was  for  many  years  divided  into  sections  containing 
the  governments  of  the  "  iive  civilized  tribes."  Each  had  an  organized 
government,  republican  in  form,  under  a  written  constitution.  The 
legislatures,  courts,  and  civil  processes  resembled  very  closely  those  of 
the  State  governments.  These  tribal  governments  have  been  superseded 
by  National  authority.  A  complete  change  is  being  brought  about  in 
the  matter  of  landholding.  Under  the  Indian  governments  the  lands 
were  owned  in  common,  and  none  but  Indians  could  reside  there;  but 
white  people  came  into  the  Territory  and  obtained  leases  and  claims  to 
land,  until  at  the  present  time  more  than  three-fourths  of  the  400,000 
inhabitants  are  whites.  Under  a  law  of  1893,  the  Dawes  Commission 
has  been  at  work  upon  a  plan  for  allotting  the  land  of  the  Territory  to 
the  Indians.1  When  this  has  been  done,  the  land  will  be  owned  "  in 
severalty,"  as  in  other  parts  of  the  country. 

Our  Government  in  the  Philippine  Islands.  —  The  Philippines  con- 
stitute the  largest  part  of  "  our  insular  possessions,"  and  are  not  classed 
as  Territories.  The  word  "  colonies  "  better  expresses  their  relations  to 
the  United  States.  They  are  completely  subject  to  the  control  of  Con- 
gress. During  the  war  with  Spain  and  after  it,  until  the  57th  Congress 
passed  the  Philippine  Civil  Government  Law  in  1902.  these  islands  were 
under  the  military  government  of  the  United  States.  The  President, 
as  the  head  of  our  military  system,  had  supreme  authority  over  these 

1  Of  the  70,000  Indians  but  12,000  or  15,000  are  "  full  bloods."  About 
15,000  negroes,  who  were  formerly  slaves,  will  also  receive  shares  of  the  land, 


1 68  THE   NATIONAL   GOVERNMENT. 

possessions;  and  he  exercised  his  powers  through  the  commanding 
genera]  in  the  islands  and  through  the  Philippine  Commission,  a  body 
of  five  men,  of  which  Governor  Taft  was  president.  This  commission 
was  given  authority  to  establish  civil  government  in  the  pacified  regions 
of  the  islands. 

In  accordance  with  this  policy,  the  government  in  the  cities  and  in 
the  less  disturbed  portions  of  the  islands  was  in  reality  civil  government, 
in  which  the  people  had  some  share,  many  months  before  Congress 
assumed  responsibility  by  the  passage  of  the  Civil  Government  Law, 
in  July,  1902.  This  law  provides  for  the  continuance  of  the  Philippine 
Commission  and  the  later  establishment  of  a  legislative  body  which  is 
to  consist  of  two  houses.  The  upper  branch  of  this  Assembly  will  consist 
of  members  appointed  by  the  United  States  government ;  the  members 
of  the  lower  house  will  be  elected  by  voters  who  have  a  certain  amount  of 
property  and  can  speak  English  or  Spanish.  This  Assembly  will  not 
be  established,  however,  until  two  years  after  a  census,  which  this  law 
provides  for,  has  been  taken.  The  upper  house  of  this  future  Philip- 
pine legislature  will  have  greater  powers  than  the  lower  branch  ;  and,  of 
course,  all  acts  of  the  assembly  will  be  subject  to  veto  by  the  American 
government. 

Besides  numerous  other  small  islands  the  United  States  possesses 
Tutuila  in  the  Samoan  group,  Guam,  and  Wake  Island.  These  are 
governed  directly  by  the  naval  authorities  of  the  government. 

Political  Relations  with  Cuba.  —  Cuba  was  under  the  control  of  our 
military  authority  between  the  time  when  our  troops  occupied  the  island, 
during  the  Spanish-American  War,  and  the  announcement  of  its  inde- 
pendence in  May,  1902.  Although  Cuba  is  now  an  independent  repub- 
lic, it  is  considered  as  a  "protectorate"  of  the  United  States,  and  is 
subject  to  the  influence  of  this  Nation  in  its  dealings  with  other  nations. 

The  Admission  of  Territories  to  Statehood.  —  We  have  so 
far  considered  the  Territories  as  in  a  condition  of  greater 
or  less  dependence  upon  the  National  government.  It  has 
always  been  the  policy  of  the  United  States  to  consider 
statehood  as  the  ultimate  destiny  of  its  Territories.1  That 
the  power  to  admit  States  into  the  Union  belongs  exclu- 

1  Now  that  we  have  possessions  containing  peoples  of  other  races,  the  ques- 
tion arises,  shall  Porto  Rico,  Hawaii,  and  the  Philippines  ultimately  become 
States? 


TERRITORIES   AND    PI  BLIC    LANDS.  169 

sively  to  Congress  is  evident  from  the  language  of  the 
Constitution. 

Article  IV,  Section  3,  Clause  1  New  Slates  may  be  ad- 
mitted by  the  Congress  into  this  ( 'nion  ;  but  no  new  State 

shall  be  formed  or  erected  within  the  jurisdiction  of  any 
other  State  ;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States  or  parts  of  States,  without  the  consent  of  the 
legislatures  of  the  States  concerned  as  well  as  of  the  Con- 
gress. 

Territories  first  apply  for  admission  to  the  Union,  and 
then  either  of  two  processes  may  follow:  (1)  Congress 
passes  an  enabling  act  authorizing  the  Territory  to  frame  a 
constitution,  which  is  submitted  to  Congress  for  approval. 
(2)  Frequently,  the  Territory  frames  its  constitution  with- 
out waiting  for  the  enabling  act ;  with  this  in  its  hand  the 
Territory  then  applies  to  Congress  for  admission.  In  either 
case,  before  giving  its  approval  to  the  admission  of  a  State, 
Congress  must  see  that  the  constitution  submitted  contains 
nothing  that  is  inconsistent  with  a  republican  form  of  gov- 
ernment. 

Our  Public  Land  Policy.  —  In  the  Territories  which  lay 
between  the  Alleghany  Mountains  and  the  Mississippi 
River,  and  in  all  the  acquisitions  that  have  since  been 
made,  the  unoccupied 1  lands  became  the  property  of  the 
United  States.  So  the  National  government  became  the 
possessor  of  many  millions  of  acres  of  land,  and  it  still 
holds  immense  tracts  in  the  Western  States  and  in  its  dis- 

1  Exceptions  to  this  statement  must  he  made  to  cover  certain  lands  reserved 
by  some  of  the  original  States  that  ceded  their  claims  to  the  United  States; 
as,  for  instance,  the  Western  Reserve  in  Ohio  retained  by  Connecticut,  and 
Other  lands  in  Uie  same  State  retained  by  Virginia. 


170  THE    NATIONAL   GOVERNMENT. 

tant  possessions.     Upon  the  admission  of  a  Territory  as  a 

State,  the  ownership  of  its  public  lands  does  not  pass  to 
the  new  State,  but  remains  with  the  National  government. 
The  latter  has  followed  a  most  liberal  policy  in  dealing 
with  its  lands,  (i)  It  has  granted  great  amounts  to  the 
States.  The  school  lands  (see  p.  240)  which  are  the 
basis  of  the  common  school  funds  in  the  Western  States 
were  acquired  in  this  way.  (2)  Many  thousands  of  square 
miles  have  been  granted  to  railroad  companies  as  aid  in 
the  construction  of  their  lines.  These  lands  are  still 
being  purchased  at  low  rates  by  settlers  in  the  West. 
(3)  Under  various  laws,  settlers  acquire  farms  from  the 
government  almost  free  of  cost.1  (4)  Millions  of  acres 
are  still  held  by  the  government,  subject  to  sale  at  low 
prices. 

At  present  the  larger  part  of  the  public  lands  of  the 
United  States  are  arid ;  that  is,  they  cannot  be  cultivated 
without  irrigation.  By  a  law  of  1902,  the  proceeds  re- 
ceived from  the  sale  of  public  lands  in  certain  Western 
States  and  Territories  will  be  expended  by  the  National 
government  in  the  construction  of  irrigation  works.  This 
law  is  destined  to  have  a  great  influence  upon  the  future 
of  our  Western  States. 

The  National  System  of  Survey.  —  In  the  thirteen  original 
States  there  was  no  uniform  system  of  land  survey,  but 
each  tract  of  land  was  surveyed  as  necessity  required, 
generally  after  settlement  had  been  made  upon  it.  The 
tracts  were  of  very  irregular  shapes.  The  boundary  lines, 
usually  starting  from  some  natural  object,  were  measured 

1  See   the    provisions  of  the  homestead   law,  "  Government    in  State  and 
Nation,"  p.  333. 


TERRITORIES   AND    PUBLIC    LANDS. 


171 


by  rods  or  chains,  running  in  certain  directions  as  ascer 

tainccl  by  the  use  oi  the  compass.  This  method  of  survey 
is  still  in  use  in  the  Eastern  States.  According  to  a  law  of 
1785,  a  uniform  system  of  "rectangular  survey"  was  ap- 
plied to  all  lands  belonging  to  the  United  States.  This 
survey  has  preceded  settlers,  and  has  to  some  extent  in- 
fluenced the  method  of  settlement  and  the  nature  of  local 


/ 

\ 

\ 

/7A 

^<         )                     ( 

\ 

Base  L.  \ 

1 

%               1 
£                1 

a. 11 — 

1"                                             / 

C           / 

f 

^J 

"V 

\ 

c 
Baa 

V- 

. 

government  throughout  the  West.  The  lands  surveyed 
have  been  divided  into  townships  six  miles  square.  For 
the  boundaries  of  townships  the  law  requires  the  use  of 
north-and-south  and  east-and-west  lines.  To  secure  start- 
ing points  from  which  to  run  these  lines,  it  was  necessary 
to  designate  certain  meridians  as  Principal  Meridians  and 
certain  parallels  as  Base  Lines. 


172 


THE   NATIONAL   GOVERNMENT. 


Method  of  Land  Description.  — -The  map  indicates  the  loca- 
tion of  Principal  Meridians  and  Base  Lines  in  the  States 
north  of  the  Ohio  River.  Starting,  then,  from  any  Prin- 
cipal Meridian,  the  tier  of  townships  directly  east  is  called 
Range  1 ;  the  other  ranges  are  numbered  east  and  west  of 
that  meridian.  Counting  also  from  the  Base  Line,  the 
townships  are  numbered  I,  2,  3,  etc.,  both  north  and  south. 
1 1  thus  becomes  possible  to  locate  precisely  any  particular 
township  by  a  simple  description  :  e.g.,  township  5  north. 
Range  VIII  east  of  the  first  Principal  Meridian. 


] 

MGUE 

E    I. 

I 

. 

7 

»s 

6 

Co 

-recti 

5 

m 

§ 

Line\ 

1 

A 

a- 

S 

a* 

g 

111                       j 

I17 

ni 

n 

1 
R.I 
\V. 

B.I 

B. 

a  \  111 J  rv  1 

Bas 

e 

jj 

Uu) 

The  convergence  of  meridians  causes  the  townships  to 
become  less  than  six  miles  from  east  to  west  as  the  survey 
proceeds  northward  from  any  Base  Line.  This  necessitates 
the  running  of  standard  parallel  lines,  or  correction  lines,  at 
frequent  intervals,  to  be  used  as  new  Base  Lines  (Figure  1). 

To  still  further  facilitate  the  sale  and  description  of 
lands,  the  law  provides  for  exact  methods  of  subdividing 


fERRITORIES   AND    PUBLIC    LANDS. 


173 


the  township  into  sections,  one  mile  square,  si  umbered  as 
in  Figure  2. 

Each  section  is  subdivided  into  rectangular  tracts  known 
as  halves,  quarters,  half-quarters,  and  quarter-quarters. 
The  designations  of  these  divisions  are  by  abbreviations  and 
fractions.  (See  Figure  3.)  The  number  of  acres  in  each 
tract  is  easily  computed. 

The  rectangular  system  of  survey  has  been  a  great  aid 
in  the  subdivision  and  location  of  farm  lands  ;  it  greatly 


Figure  2.  —  Six  Miles  Square. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

1G 

15 

14 

13 

19 

20 

21 

22 

23 

24 

SO 

29 

28 

27 
34 

2G 

25 

31 

32 

33 

35 

36 

Figure  3.  —  One 

Mile  Square. 


NWi 

N^NEi 

SEi 
NE± 

Si 

reduces  the  number  of  boundary  disputes,  it  determines 
very  largely  the  location  of  country  roads.  Moreover,  the 
Congressional  township  has  become,  in  a  great  many  in- 
stances, the  area  within  which  the  political  township  or 
town  has  been  organized.  This  town,  however,  need  not 
coincide  with  the  Congressional  township ;  it  may  be 
greater  or  smaller  in  area. 


i/4  THE    NATIONAL   GOVERNMENT. 


SUPPLEMENTARY    QUESTIONS    AND    REFERENCES. 

i.    For  the  history  of  land  cessions,  references  are  given  in  Govern- 
ment in  State  and  Nation,  p.  334,  question  1. 

2.  The  topics  treated  in  this  chapter  are  discussed  in  Harrison,  This 

Country  of  Ours,  pp.  270-279. 

3.  Government  in  the  Philippines,  Arena,  24:  281-292.     An  article  by 

Governor  Taft  on  this  subject,  Outlook,  7:  3°5~3ii-  The 
Government  of  our  new  possessions,  Outlook,  64 :  353-356, 
Rev.  of  R's,  24  :   697-700. 

4.  The  Government  of  Porto  Rico,  N.  Am.  Rev.  174:    159-174;  Rev. 

of  R's  21:    517-519- 

5.  The   Government  of  Indian  Territory,   Forum,  28:  737-74°;   34  = 

466-480;  Rev.  of  R's.  23:  451-458.  Garland,  The  Red  Men's 
Present  Needs,  N.Am.  Rev.,  174:  479-488. 

6.  Irrigation    in    the    West,    Forum,  32:    573-581'-    33 :    366-371;    N- 

Am.  Rev.,  :74:  245-258;  Outlook,  70:  907-gio;  R.  of  R's,  25: 
75-80;  401-402. 


CHAPTER   XVIII. 
AMENDMENTS  TO  THE   CONSTITUTION. 

Methods  of  amending  the  Constitution.  —  We  have  al- 
ready considered  the  effect  of  amendments  on  some 
of  the  original  clauses.1  It  now  remains  to  consider, 
briefly,  the  methods  of  amending  the  Constitution  and  a 
few  other  provisions  found  in  the  amendments.  Article  V 
provides  for  amendments  as  follows  :  — 

The  Congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  Con- 
stitution, or,  on  the  application  of  the  legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the 
Congress ;  provided  that  no  amendment  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall 
in  any  maimer  affect  the  first  and  fourth  clauses  in  the  ninth 
section  of  the  first  article ;  and  that  no  State,  zvithout  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

Thus,  amendments   may  be  proposed   in  either  of  two 

1  For  Amendment  XI,  see  pp.  159-160;    fur  Amendment  XII,  see  p.  120. 

'75 


176  THE   NATIONAL   GOVERNMENT. 

ways  :  by  a  vote  of  two-thirds  of  both  houses  of  Congress ; 
or  by  a  National  convention  called  by  Congress  for  that 
purpose  on  the  application  of  two-thirds  of  the  State 
Legislatures.  The  convention  method  has  never  been 
used  in  proposing  amendments  to  this   Constitution. 

Amendments  may  also  be  ratified  in  two  ways :  by  the 
Legislatures  in  three-fourths  of  the  several  States ;  or  by 
conventions  in  three-fourths  thereof.  Congress  has  always 
selected  the  first  of  these  methods. 

Amending  the  Constitution  Difficult.  —  That  it  is  difficult 
to  amend  the  Constitution  may  be  seen  when  we  consider 
that  some  two  thousand  amendments  have  been  proposed 
in  an  official  way.  During  a  single  session  of  the  57th  Con- 
gress, fifty  amendments,  on  twenty  different  phases  of  gov- 
ernment, were  proposed  in  one  or  other  of  the  houses 
of  Congress. 

Amendment  XIII.  — The  purpose  of  the  first  ten  amend- 
ments have  already  been  noted,  on  p.  114. 

The  XHIth,  XlVth,  and  XVth  amendments  were  the 
results  of  negro  slavery.  The  Emancipation  Proclamation 
granted  freedom  to  all  of  the  slaves  in  the  States  then  in 
rebellion.  There  were  some  States,  however,  as  Ken- 
tucky, Tennessee,  and  Missouri,  where  slavery  might  still 
exist  legally.  In  order  to  be  rid  of  this  institution  alto- 
gether, Congress  proposed  the  Xlllth  Amendment  to  the 
Constitution,  which  is  as  follows  :  — 

Neitlier  slavery  nor  involuntary  servitude,  except  as  a  pun- 
ishmeut  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  tht  ir  jurisdiction. 


AMENDMENTS    TO    THE    CONSTITUTION.  177 

Congress  shall  have  power  to  enforce  this  article  by  ap- 
propriate legisla  tion. 

It  was  declared  a  part  of  the  Constitution,  December  18, 
1865. 

Amendment  XIV.  —  This  amendment  was  proposed  by 
Congress,  June  16,  1866,  as  a  part  of  the  general  plan 
for  reconstruction.  The  Southern  States  were  not  to 
be  regarded  as  a  part  of  the  Union  until  they  should 
ratify  it.  The  entire  amendment,  given  in  Appendix  A, 
should  be  read.  Sections  1  and  2,  however,  contain  the 
most  important  provisions.  Section  1  has  already  been 
partially  discussed  on  p.  98,  under  the  question,  "  Who 
are  citizens  ? "  Section  2  has  also  been  considered  on 
p.  53,  in  connection  with  the  apportionment  of  repre- 
sentatives. 

Congress  has  at  different  times  removed  the  disabilities 
from  certain  of  the  classes  mentioned  in  Section  3.  Finally, 
an  act  of  June  6,  1898,  removed  the  last  disability  imposed 
by  this  section. 

Amendment  XV.  —  In  order  to  secure  full  political  rights 
for  the  negroes,  the  XVth  Amendment  was  passed,  as  indi- 
cated on  p.  51. 

The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States,  or  by  any 
State,  on  account  of  race,  color,  or  previous  condition  of 
servitude. 

The  Congress  shall  have  pozver  to  enforce  this  article  by 
appropriate  legislation. 


N 


178  THE    NATIONAL   GOVERNMENT. 


SUPPLEMENTARY  QUESTIONS  AND  REFERENCES. 

1.  What  facts  can  be  given  showing  the  difficulty  of  amending  the 

Articles  of  Confederation  ?     Fiske,  Critical  Period,  218-220. 

2.  Is  it  now  considered  difficult  to  amend  the  Constitution  ?     Bryce, 

American  Commonwealth.  I.  359-362  (368-371). 

3.  What  were  the  conditions   under  which  the  Emancipation  Procla- 

mation was  issued  ?     Wilson.  Division  and  Reunion,  226-228. 
•*„   Was  the  adoption  of  the  XVth  Amendment  a  wise  policy? 


CHAPTER  XIX. 

THE  GOVERNMENTS  OF   THE  WORLD. 

Kinds  of  Governments.  —  It  is  customary  to  classify  the 
governments  of  the  world  under  two  heads  :  (i)  Republics, 
(2)  Monarchies.  The  real  nature  of  our  Republic  may  be 
made  more  apparent  by  a  comparison  of  our  system  with 
that  of  other  republics,  and  with  the  governments  of  certain 
great  monarchies. 

Our  Federal  Republic.  —  It  has  been  emphasized  in  the 
course  of  our  study  that  the  States  are  vital  parts  in  the 
political  system  which  we  call  the  Republic  of  the  United 
States.  The  States  arc  not  mere  administrative  divisions 
of  the  Nation  ;  they  do  not  stand  in  the  same  relation  to 
the  National  Government  that  counties  bear  to  the  State. 
They  do  not  derive  their  powers  from  the  National  Govern- 
ment ;  nor,  on  the  other  hand,  does  the  latter  derive  its 
powers  from  the  States.  The  source  of  power  for  both  is 
the  same--"  the  people  themselves,  as  an  organized  body 
politic."  The  United  States  is,  then,  a  Federal  Republic. 
It  is  essential  to  understand  that,  in  the  division  of  powers 
between  States  and  Nation,  the  latter  is  sovereign  over  the 
matters  that  are  placed  within  its  jurisdiction  ;  but  it  is  a 
feature  of  our  system  no  less  essential  (though  less  clearly 
understood  by  the  people)that  the  States  are  as  completely 
sovereign  over  matters  that  lie  within  their  control. 


180  THE   NATIONAL   GOVERNMENT. 

France  a  Centralized  Republic.  —  In  France  we  find  an 
entirely  different  type  of  republic  —  not  federal,  but  cen- 
tralized. France  is  divided  into  eighty-six  departments, 
which  correspond  in  some  respects  to  our  States.  But  in 
their  relation  to  the  central  government  the  difference  is 
very  striking ;  for  the  departments  are  merely  administra- 
tive divisions  of  the  central  government.  They  have  no 
original  and  no  sovereign  powers  of  government.  The 
chief  authority  in  each  department  is  a  prefect,  who  is  ap- 
pointed by  the  Ministry  of  France  (the  central  executive 
body)  and  is  responsible  to  it.  There  is  a  legislative  body 
in  each  department,  called  the  general  council,  but  the 
powers  of  this  body  are  very  much  restricted. 

The  national  government  of  France  exercises  legislative 
authority  upon  many  subjects  in  the  departments,  and  it 
administers  the  laws  directly.  Consequently,  the  people's 
powers  of  local  self-government  are  very  much  less  exten- 
sive than  those  enjoyed  by  the  people  in  the  United  States. 
There  result  in  France  much  greater  uniformity  of  legis- 
lation and  more  effective  administration  ;  while  in  many 
parts  of  the  United  States  local  self-government  results 
in  corrupt  laws  and  wasteful  administration.  But  we 
believe  that  the  people  will  become  educated  in  the  use 
of  political  power  if  the  responsibility  for  its  use  rests 
upon  them,  rather  than  upon  some  central  authority. 

The  Swiss  Republic.  — An  example  of  a  federal  repub- 
lic is  the  government  of  Switzerland.  Here  the  cantons 
correspond  to  our  States,  and  each  canton  has  control 
over  its  own  local  affairs,  without  interference  from  the 
federal   government.     The  chief    features  of   the  French 


THE   GOVERNMENTS   OF   THE   WORLD. 


181 


and    the  Swiss    governments  are  indicated  in  the  accom- 
panying outline:1  — 


United  States 


Congress 

Senate 

Two  members  from 

each  State 

Six  years 
House  of  Repre- 
sentatives 
386  members  elected 
by  people 
Two  years 

President 
Elected  by  electors, 
i.e.  by  the  people 
of  the  States 

I-Wir  years 
Cabine} 
Nine    members    ap- 
pointed by  Presi- 
dent and  Senate 


Switzerland 


Federal  Assembly 

State  Council 

Two  members  from 

each  canton 


National  Council 

147  members  elected 

by  people 

Three  years 

Pr^^t 

ElectedB     Bederal 

Assembly 


One  year 
Federal  Council 
Seven     members 
elected  by  Federal 
Assembly 


France 


The  Chambers 
Senate 
300  members  elected 
by  an  electoral  col- 
lege in  each  depart- 
ment 

Chamber  of  Deputies 

584  deputies  elected 
by  people 
Four  years 

President 
Elected  by  National 
Assembly ;  i.e.  Sen- 
ate and  Chamber 
of  Deputies  in  joint 
session 

Seven  years 

Ministry 
Twelve  members  ap- 
pointed  by  Presi- 
dent 


Constitutional  Monarchies.  -  -  The  monarchies  of  Europe 
are  classified  as  (1)  constitutional  and  (2)  absolute,  Russia 
and  Turkey  being  the  only  ones  of  the  latter  class.  In 
constitutional  monarchies  the  ruler  holds  his  position  by 
heredity,  but  there  exists  also  a  constitution,  which  defines 

1  Among  the  South  American  republics,  Brazil,  Mexico,  and  Argentine 
Republic  are  federal  in  nature,  like  the  United  States  and  Switzerland. 


182  THE    NATIONAL   GOVERNMENT. 

the  distribution  of  powers  among  the  branches  that  com- 
pose the  government  and  fixes  the  limits  of  authority  vested 
in  each.  "The  British  constitution  is  partly  written,  as 
found  in  the  great  historical  documents  of  English  history, 
such  as  Magna  Charta  (121 5),  the  Petition  of  Right  (1628), 
and  the  Bill  of  Rights  (1689)1;  and  partly  unwritten,  con- 
sisting of  precedents  and  customs  which  are  recognized  as 
authoritative.  The  constitutions  of  the  other  monarchies 
of  Europe  were  made  during  the  nineteenth  century,  and 
consequently  they  are  younger  than  that  of  the  United 
States. 

In  all  the  constitutional  monarchies  we  find  legislative 
bodies  similar  to  our  Congress.  In  every  case  the  lower 
house  is  elected  by  the  voters;2  in  England,  the  Austrian 
Empire,  Italy,  and  Spain,  a  number  of  the  members  of  the 
upper  house  hold  their  position  by  hereditary  right.  In 
respect  to  legislation,  therefore,  the  constitutional  mon- 
archies are  all  more  or  less  republican  in  principle  ;  that 
is,  they  all  recognize  the  supreme  authority  of  the_people 
acting  through  their  representatives. 

The  Cabinet  System  of  Government.  —  In  the  relations 
existing  between  their  legislative  and  executive  depart- 
ments, the  European  governments  differ  considerably  from 
that  of  the  United  States.  In  our  government  we  find, 
theoretically  at  least,  that  these  departments  are  separated  ; 
in  the  European  governments  there  is  a  close  interdepend- 
ence of  the  legislative  and  executive  branches,  through 
some  form  of  "cabinet  responsibility."  This  "cabinet 
system  "  of  government  is  found  in  the  republics  as  well  as 

1  Compare  the  "  Bill  of  Rights  "  in  our  Constitution;    see  pp.  256-257. 

2  Property  qualifications  for  suffrage  arc  common  in  European  countries 


THE   GOVERNMENTS    OF    Till:    WORLD. 

in  the  constitutional   monarchies   of    Europe,  and    m  Lm- 

self-governing  British  possessions,  such  as  Canada  and  the 
Australian  colonies.1  The  difference  between  the  Con- 
gressional and  the  cabinet  systems  is  greater  in  appearance 
than  in  reality  ;  for  in  the  United  States  the  President 
and  his  Cabinet  exert  considerable  influence  upon  legisla- 
tion. 


England 

Germany 

Monarch  —  hereditary  in  the  line 

Emperor — hereditary 

fixed  by  Parliament 

King  of  Prussia 

Cabinet 

Ministry 

Nineteen  members  -  chosen  by 

Eight  ministers,  Chancellor  at 

the  Prime  Minister 

the  head,  appointed  by  the 

Emperor 

Parliament 

Parliament 

Limit  of  term,  seven  years 

Term,  five  years 

House  of  Lords 

Bumlesrath  or  General  Council 

586  members,  holding  seats 

58  members  appointed  by  the 

(1)  by  heredity,   (2)  by 

German  States 

appointment    by    Crown, 

(3)  °y  election  ;i 

House  of  Commons 

Reichstag  or  Diet  of  the  Realm 

670  members  elected  by  the 

397    members    elected    by   the 

people  of  England,  Scot- 

people 

land,  and  Ireland 

1  This  system  finds  its  best  illustration  in  the  English  government,  of  which 
a  brief  description  will  be  found  in  "Government  in  State  and  Nation,"  pp. 
178-179.     For  references,  see  questions  12,  15,  and  1 6,  p.  181. 

2  The  number  of  members  in  the  Ministries  of  England  and  Germany 
varies. 

3  Irish  peers  are  elected  for  life,  and  Scottish  peers  are  elected  for  the  dura- 
tion of  a  Parliament. 


184  THE    NATIONAL    GOVERNMENT. 

The  Government  of  Russia.  —  "  The  government  of  Rus- 
sia is  an  absolute  hereditary  monarchy.     The  whole  legis- 
lative, executive,  and  judicial  power  is  united  in  the  Czar, 
whose  will  alone  is  law.     There  are,  however,  certain  rules 
of  government  which  the  sovereigns  of  the  present  reign- 
ing  house  have  acknowledged  as  binding."  *     There  are 
four  great  councils  which  assist  the  emperor  in  the  govern- 
ment of  Russia.     The  country  is  divided  into  administra- 
tive districts,  which  are  presided  over  by  representatives  of 
the  Emperor  and  have  supreme  civil  and  military  authority. 
The  people  of  Russia,  have,  however,  some  measure   of 
local   self-government.       This    is   seen  in  the  communes, 
where    the    people   {i.e.,  the    householders)   hold    general 
meetings  for  the  purpose  of  discussing  local  affairs  and 
electing  officers. 

The  Form  and  the  Spirit  of  Government.  —  The  study  of 
other  governments  and  the  comparison  of  them  with  our 
own  will  teach  us  that  the  virtue  of  a  government  resides, 
not  in  its  framework,  but  in  its  spirit.  A  government  may 
be  monarchical  in  form  and  republican  in  its  practical 
workings.  In  England  and  in  others  of  the  European 
monarchies,  the  will  of  the  people  is  the  law  of  the  land. 
On  the  other  hand,  a  government  may  be  republican  in 
form,  and  very  unrepublican  in  its  methods  of  operation. 
There  are  cities  and  States  in  our  country  where  one  man, 
the  political  boss,  or  a  group  of  men,  the  political  machine, 
dictates  the  course  of  legislation  and  controls  the  adminis- 
tration of  the  law.  Here  we  find,  in  reality,  not  republican 
governments,  but  despotisms  or  oligarchies. 

1  "  Statesman's  Year  Book,"  1902,  p.  976. 


THE    GOVERNMENTS    OF    THE    WORLD.  185 

The  final  test  of  a  government  is  found  in  the  responsive 
ness  of  the  governing  authorities  to  the  will  of  the  majority 
of  the  people.  Wherever  republican  institutions  are  found, 
whether  in  republics  or  in  monarchies,  the  people  may 
rule  if  they  will.  Monarchical  and  aristocratic  institutions 
do  not  in  our  time  stand  long  in  opposition  to  a  determined 
public  opinion  ;  and,  on  the  other  hand,  a  framework 
of  republican  institutions  will  not  insure  the  execution  of 
the  popular  will.  This  can  only  be  secured  where  high- 
minded  citizens  are  vigilant  in  the  performance  of  their 
political  duties. 

SUPPLEMENTARY   QUESTIONS   AND    REFERENCES. 

1.  The  relations  of  nations  are  governed  by  the  rules  of  international 

law,  Government  in  State  and  Nation.  352-354. 

2.  What  progress  has  been  made  in  the  direction  of  settling  disputes 

between  nations  by  arbitration  instead  of  by  war?  Government 
in  State  and  Nation,  354-357.  Forum,  31:  197-2*8 ;  Rev.  o' 
R's,  21:    51-55. 


PART    III. 
STATE    GOVERNMENTS. 

CHAPTER  XX. 

THE   ORIGIN  OF  STATE   GOVERNMENTS. 

The  First  States.  —  In  the  study  of  United  States  his- 
tory, we  learn  how  the  thirteen  English  colonies  were 
planted,  and  how  they  became  populous  and  finally  threw 
off  the  authority  of  the  mother-country.  The  period  of 
the  Revolution,  when  independence  was  secured,  is  also 
the  period  when  the  colonies  transformed  themselves  into 
States.  This  change  was  not  a  radical  one,  for  each  State 
government  was  modeled  closely  upon  the  colonial  govern- 
ment that  was  superseded.  We  must  study  the  colonial 
governments,  then,  to  find  the  origin  of  the  systems  estab- 
lished in  the  thirteen  original  States.  These  States  in  turn 
influenced  the  forms  of  government  adopted  by  the  new 
States  as  they  were  admitted  into  the  Union. 

The  New  States  of  the  West.  —  As  in  local,  so  in  State 
government,  the  settlers  of  the  West  carried  with  them  the 
ideas  to  which  they  had  been  accustomed  in  the  sections 
from  which  they  migrated.  Doubtless,  too,  the  people  of 
the  West  have  been   much    influenced    in    the   formation 

I  v. 


THE   ORIGIN    OF   STATE   GOVERNMENTS.  1S7 

of  their  governments  by  the  example  of  neighboring  com- 
munities and  by  the  model  set  for  them  by  the  United 
States  government. 

The  colonial  governments  had  many  features  in  common  ; 
for  they  embodied  the  political  traditions  of  the  mother- 
country.  There  were  in  each  colony  legislative,  executive, 
and  judicial  departments. 

Colonial  Assemblies.  -  -  The  most  noticeable  feature  of 
these  governments  is  the  assembly  which  existed  in  every 
colony  and  was  in  every  case  elected  by  the  people.  Here 
we  find  the  principle  of  representative  government,  which 
had  been  recognized  in  England  as  essential  to  politi- 
cal liberty,  cherished  and  maintained  by  Englishmen  in 
America.  The  colonial  assemblies  had  various  names.  In 
Virginia  the  members  of  the  House  of  Burgesses  were 
elected  from  the  counties;  in  Massachusetts  deputies  were 
elected  to  the  General  Court  from  the  towns. 

Governors  of  the  Colonies. — There  was  less  uniformitv 
in  the  executive  departments  of  the  colonies,  for,  although 
each  had  a  governor,  these  officers  obtained  their  positions 
in  three  different  ways.  At  the  time  of  the  Revolution, 
the  governors  of  eight  colonies  were  appointed  by  the 
King  of  England  ;  the  governors  of  Pennsylvania,  Mary- 
land, and  Delaware  were  appointed  by  the  proprietors  of 
those  colonies;  and  the  governors  of  the  two  remaining 
colonies  —  Rhode  Island  and  Connecticut  —  were  elected 
by  the  voters  in  accordance  with  the  provisions  of  their 
charters.  Because  of  these  differences,  we  classitV 
colonial  governments  as  (1)  Royal,  (2)  Proprietary,  and 
(3)  Charter.      In  several  colonies  the  governor  was  assisted 


iSS  STATE    GOVERNMENTS. 

by  a  council,  and  this  bod)-  was  sometimes  the  upper  house 
ol  the  colonial  legislature. 

In  these  colonial  institutions,  then,  we  find  the  model  for 
our  present  State  governments,  with  their  governors,  leg- 
islatures, and  judicial  officers.  Since  the  governors  in 
most  colonies  represented  the  authority  of  the  Crown, 
while  the  assemblies  represented  the  people,  disputes  as 
to  the  authority  of  each  were  common.  On  the  whole, 
the  assemblies  succeeded  very  well  in  maintaining  their 
right  to  control  the  most  important  colonial  affairs,  in- 
cluding the  raising  of  taxes.  We  find  in  these  contests 
between  royal  governors  and  popular  assemblies  that 
spirit  of  free  government  which  finally  inspired  the  revolt 
against  the  mother-country. 

Colonial  Charters.  —  In  our  early  history  we  learn  that 
many  of  the  colonies  were  founded  on  the  basis  of  charters, 
granted  by  royal  authority.  A  charter  contained  a  grant 
of  land  to  an  individual  or  to  a  company,  and  also  a  plan  for 
the  government  of  the  colony.  It  was  regarded  as  a  sort 
of  fundamental  law  to  which  the  laws  of  the  assembly  and 
the  orders  of  the  governor  must  conform.  If  any  of  these 
laws  or  orders  was  considered  to  be  in  violation  of  the 
charter,  the  case  was  appealed  to  the  colonial  courts,  or  to 
the  English  government,  and  as  a  result,  the  act  might 
be  set  aside  by  these  authorities.  Some  colonies,  Virginia, 
for  example,  lost  their  charters ;  but  even  then,  the  funda- 
mental ideas  of  their  colonial  governments,  derived  chiefly 
from  these  charters,  were  regarded  as  established,  and 
not  subject  to  change.  So  in  every  colony  there  grew  up 
the  idea  of  a  government   based   on   fixed  principles,  em- 


THE   ORIGIN    OF   STATE   GOVERNMENTS.  189 

bodied  in  charters,  in  written  orders,  or  in  well-established 
customs. 

Origin  of  State  Constitutions.  —  In  these  facts  we  find 
the  explanation  of  the  State  constitutions  that  were 
adopted  during  the  period  of  the  Revolution.  When,  by 
the  advice  of  the  Continental  Congress,  the  authority  of 
the  English  government  was  thrown  off,  it  seemed  necessary 
for  each  colony  to  make  a  re-statement  of  its  plan  of  gov- 
ernment, of  the  authority  vested  in  each  department,  and 
of  the  fundamental  principles  that  were  to  be  the  guide  of 
all  political  action  in  the  new  States.  Connecticut  and 
Rhode  Island  preserved  their  charters  as  constitutions ; 
the  former  until  18 18,  and  the  latter  until  1842;  in  each 
of  the  other  States  a  constitution  was  adopted  between  the 
years  1776  and  1784. 

How  Constitutions  are  Formed.  —  Since  our  present 
National  government  went  into  operation  (1789)  thirty -two 
new  States  have  been  added  to  the  original  thirteen,  and 
each  has  adopted  a  constitution  as  the  basis  of  government. 
A  State  constitution  is  framed  by  a  convention  which  is 
elected  by  the  voters  for  that  purpose.  In  most  cases, 
after  the  completion  of  its  work  the  convention  submits 
the  document  to  the  voters  for  acceptance  or  rejection. 

The  Contents  of  a  State  Constitution.  The  constitution 
contains  (1)  a  Bill  of  Rights  stating  the  most  important 
principles  that  should  be  recognized  by  any  free  govern- 
ment; (2)  an  outline  ol  the  frame  of  government  with  its 
three  departments  ;  and  (3)  miscell  meous  provisions,  often 
very  numerous,  statin:;  those  features  oi  the  State  govern- 


1 90  STATE   GOVERNMENTS. 

ment  which  are  regarded  as  of  so  much  importance  that 
they  should  not  be  changed  by  the  ordinary  process  of 
enacting  a  law.  The  changing  of  a  constitutional  pro- 
vision by  amendment  must  include  not  only  its  approval 
by  the  legislature  (sometimes  two  legislatures  in  succes- 
sion must  approve  it),  but  also  its  ratification  by  vote  of 
the  people. 

SUPPLEMENTARY   QUESTIONS   AND    REFERENCES 

1.  Is  your  State  one  of  the  original  thirteen  States  ?     If  so,  how  has 

its  government  been  changed  since  the  adoption  of  the  first 
constitution  ? 

2.  If  yours  is  one  of  the  Western  States,  how  has  the  organization 

of  its  government  been  influenced? 

3.  How  may  your  constitution  be  amended? 

4.  On  the  origin  of  State  governments,  see  Thwaites,  The  Colonies, 

58-63,  192-193,  271-277  ;  Fisher,  The  Colonial  Era,  208-211  ; 
Hart,  Formation  of  the  Union,  5-10,  13-17-  80-81  ;  Channing, 
The  United  States  of  America,  26-36,  84-85  ;  Sloane,  French 
War  and  Revolution,   10-12. 

5.  Ho-.v  are  State  constitutions  amended  ?      Bryce,  Vol.   I,  419-420 

(433-435)  ;  Ashley,  The  American  Federal  State,  566-571. 

6.  Are   State  constitutions    changed  frequently  ?     Bryce,  Vol.  I,  440- 

442  (456-458). 

7.  Why  are  so  many  miscellaneous  provisions  included  in  Bills  of 

Rights?     Bryce,  Vol.  I,  426-428  (442-444). 


CHAPTER   XXI. 

STATE  LEGISLATURES. 

The  State  Capital.  —  The  capital  city  of  a  State  is 
usually  the  center  of  its  political  life.  This  is  especially 
true  when  the  capital  is  also  the  metropolis,  as  in  the  case 
of  Boston,  or  Indianapolis.  In  most  cases,  however,  the 
seat  of  government  is  located  in  a  smaller  city.  Here  is 
the  capitol  building,  where  the  legislature  meets  in  its  reg- 
ular sessions  to  enact  laws  for  the  State. 

Legislatures  are  Representative  Bodies.  —  A  legislature 
is  a  most  interesting  body.  In  it  sit  the  men  whom  the 
voters  have  selected  to  act  for  them  in  the  important 
business  of  law-making.  The  legislators  should  therefore 
represent  accurately  the  general  opinion  of  the  majority 
in  the  different  sections  of  the  State.  Very  often  this 
theory  is  not  realized  in  practice  ;  for  there  are  obstacles 
as  we  shall  see,  that  stand  in  the  way  of  exact  representa- 
tion. 

Legislatures  '  vary  greatly  in  size,  the  numbers  ranging 
from  fifty  in  Oregon  to  four  hundred  in  New  Hampshire. 
There  are  always  two  houses,  one  called  the  senate,  and 
the  other  the  house  of  representatives,  or  assembly.  The 
latter  contains  the  larger  numbei   oi   members.     In  some 

1  In  many  States  the  term  "General  Assembly"  is  used. 

191 


ig2  STATIC    GOVERNMENTS. 

cases  the  terms  of  members  of  the  two  houses  are  the 
same,  but  more  frequently  the  senators  have  longer  terms 
than  the  representatives  or  assemblymen.  Each  house 
has  a  presiding  officer.  In  the  lower  house  a  speaker  is 
elected,  while  the  lieutenant-governor  is  president  of  the 
senate  in  most  States.  There  are,  besides,  clerks,  the 
sergeant-at-arms,  door-keepers,  and  other  officers. 

Salaries  and  Sessions.  —  Members  of  legislatures  are 
paid  regular  salaries ;  sometimes  they  receive  a  regular 
amount  per  day,  or  it  may  be  a  certain  amount  for  each 
session  or  per  year.  In  nearly  every  State  sessions  of  the 
legislature  occur  biennially,  only  six  States  1  having  annual 
sessions. 

Legislative  Districts.  —  Members  of  legislatures  are 
elected  from  districts  into  which  the  State  is  divided. 
There  are  generally  two  sets  of  districts  for  the  members 
of  the  two  houses,  respectively.  In  the  formation  of  the 
districts,  which  is  the  work  of  the  legislature,  certain  rules 
must  be  followed.  These  rules  concerning  apportionment 
may  be  prescribed  in  the  State  constitution.  One  such 
rule  requires  that  the  districts  shall  be  as  nearly  uniform 
in  population  as  practicable.  The  shifting  of  population  in 
the  course  of  years  destroys  the  equality  of  districts  in  this 
respect,  and  so  States  are  re-apportioned  periodically ; 
that  is,  new  districts  are  made  after  a  census  has  been 
taken.  Districts  are  also  supposed  to  be  compact  and 
convenient  in  shape.  Sometimes  the  district  lines  are 
purposely  arranged  so  that  one  political  party  will  have  the 

1  These  are  Massachusetts,  Rhode  Island,  New  York,  New   Jersey,  South 
Carolina,  and  Georgia. 


STATE   LEGISLATURES.  [93 

greatest  number  of  votes  in  a  majority  of  the  districts. 
When  this  is  done  in  violation  of  the  rules  governing 
apportionments,  we  have  a  "gerrymander."  This  is  one 
way  in  which  unfair  representation  of  the  people  in  the 
legislature  may  come  about. 

The  Introduction  of  Bills.  —  All  meetings  organized  for 
the  transaction  of  business  are  governed  by  certain  rules 
of  parliamentary  practice.  Legislatures  adopt  such  rules, 
and  these  contain  detailed  regulations  which  must  be  fol- 
lowed in  the  enactment  of  laws.  Any  person  may  propose 
the  ideas  for  a  new  law,  and  may  put  them  into  the  pre- 
scribed form  of  a  "bill "  ;  but  only  a  member  of  the  legis- 
lature may  introduce  the  bill.  This  is  the  first  step  in  the 
process  of  its  passage.  The  bill  is  no  sooner  introduced 
than  it  is  referred  to  a  committee,,  and  this  step  requires 
some  explanation. 

Why  Committees  are  Necessary.  —  When  a  legislative 
body  is  composed  of  a  large  number  of  members,  and 
when  a  great  amount  of  business  is  presented  for  its  con- 
sideration, it  becomes  necessary  to  divide  the  work  among 
groups  of  members,  called  committees.  This  is  because  it 
is  impossible  for  every  member  to  give  time  and  attention 
to  every  item  of  business.  So  in  the  houses  of  a  legisla- 
ture we  have  a  large  number  of  committees.  To  each  are 
referred  bills  on  certain  subjects.  There  are  committees 
on  the  appropriation  of  money,  on  taxes,  railroads,  educa- 
tion, public  buildings,  and  on  a  great  many  other  subjects. 
Committees  hold  sessions  which  are  secret,  unless  they  call 
in  outsiders  to  give  testimony  or  to  make  arguments  relat- 
ing to  bills  that  are  before  them  for  consideration.  After 
o 


194  STATE   GOVERNMENTS. 

considering  a  bill,  the  committee  is  supposed  to  report  to 
the  house  its  judgment  in  the  matter. 

The  Work  of  a  Committee.  —  A  committee  has  great  power  over 
the  bills  given  into  its  charge ;  it  may  change  them  or  substitute  a  new 
bill  for  any  of  them.  It  may  fail  to  take  any  action  whatever  upon  a 
certain  bill,  and  so  in  reality  determine  that  it  shall  not  become  a  law. 
The  house  may,  however,  order  the  committee  to  report  the  bill.  In  each 
case,  when  it  reports  a  bill,  the  committee  recommends  that  it  should 
or  should  not  pass.  In  most  cases  this  recommendation  is  accepted  by 
the  house  without  question ;  for  there  are  so  many  bills  that  only  the 
most  important  can  receive  attention  during  the  course  of  the  session. 
A  few  bills,  then,  are  fully  debated  and  attract  public  notice  ;  the  great 
majority  become  laws  without  having  received  much  consideration  ex- 
cept such  as  was  given  them  by  the  committees. 

The  Passage  of  a  Bill.  —  When  a  bill  has  passed  one 
house  of  a  legislature,  it  is  sent  to  the  other.  Here  it 
goes  through  the  same  process  as  before.  It  may  be 
amended  by  this  house,  then  it  must  be  returned  to  the 
house  where  it  was  introduced  and  be  repassed  in  its  new 
form  before  going  farther. 

Conference  Committees.  —  If  the  two  houses  cannot  agree 
upon  the  details  of  a  bill,  a  conference  committee  may  be 
appointed,  composed  of  members  from  both  of  them.  This 
committee  endeavors  to  arrive  at  a  compromise  which  will 
be  acceptable  to  both  houses.  Generally,  the  result  reached 
by  the  conference  committee  is  accepted  without  further 
debate,  and  the  bill  is  then  passed. 

Methods  of  Voting.  —  There  are  several  methods  of  vot- 
ing upon  the  passage  of  a  bill,  (i)  If  a  vote  is  taken  "by 
acclamation,"  the  members  answer  in  unison  "  aye "  or 
"no."     (2)  A  rising  vote  may  be  called  for,  if  the  result  is 


STATE    LEGISLATURES.  1 95 

in  doubt,  and  then  the  members  voting  on  each  side  must 
be  counted.  (3)  Upon  the  passage  of  important  bills, 
State  constitutions  provide  that  the  vote  shall  be  by  "yeas 
and  nays  "  ;  or  a  request  from  a  certain  number  of  mem- 
bers may  cause  the  vote  to  be  taken  in  this  way.  Then 
each  member's  name  is  called,  and  he  responds  by  giving 
his  vote.  This  is  made  a  matter  of  record  in  the  journal 
of  the  house,  so  that  the  public  may  know  the  attitude  of 
every  member  on  the  bill.  Since  the  latter  generally  wish 
to  retain  the  good  opinion  of  their  constituents,  the  taking 
of  votes  by  this  method  may  serve  as  a  check  upon  unwise 
legislation. 

The  Governor's  Approval  or  Veto.  —  Having  passed  both 
houses  by  majority  votes,  the  bill  is  next  sent  to  the  gov- 
ernor for  his  signature.  In  all  but  three  States  (Ohio, 
North  Carolina,  and  Rhode  Island),  if  the  governor  dis- 
approves of  the  bill,  he  may  veto  it.  In  that  case  he 
returns  it  to  the  house  where  it  originated,  with  his  reasons 
for  refusing  his  signature.  If  this  house  repasses  the  bill 
by  a  two-thirds  majority,  it  is  sent  to  the  other  house,  and 
if  it  receives  a  similar  vote  here,  it  becomes  a  law  without 
the  governor's  signature. 

The  Lobby  in  Legislatures. — This,  in  general,  is  the 
way  in  which  laws  are  enacted.  We  must  not  think  that 
bills  have  their  origin  in  the  common  opinion  of  the  entire 
body  of  legislators,  or  even  in  that  of  a  majority  of  them. 
In  every  case  a  certain  person  is  interested  in  putting  a 
bill  into  form,  introducing  it,  and  persuading  others  to  vote 
for  it.     Whether  a  bill  receives  any  attention,  therefore, 


196  state  governments. 

depends  as  much  upon  the  activity  and  skill  of  its  pro- 
moters as  it  does  upon  the  merits  of  the  measure.  By  far 
the  greater  part  of  the  work  that  is  necessary  to  bring 
about  the  enactment  of  a  law  must  be  done  outside  of  the 
legislative  sessions,  either  in  the  committee  rooms,  or  in 
the  lobbies  of  the  capitol,  or  at  the  hotels  and  other  places 
where  members  congregate.  It  is  the  personal  solicitation 
for  votes  that  really  determines  whether  a  bill  shall  pass, 
rather  than  the  public  debates.  Work  of  this  nature,  either 
for  or  against  a  pending  bill,  is  called  "lobbying."  "The 
lobby"  is  composed  of  persons,  not  members  of  the  legis- 
lature, who  use  their  influence  during  a  session  to  bring 
about  the  passage  or  the  defeat  of  a  bill. 

Why  Bad  Laws  are  Enacted.  —  Now,  the  facts  above 
stated  apply  to  the  passage  of  both  good  and  bad  meas- 
ures. Some  of  the  latter  kind  become  laws  because  mem- 
bers have  been  offered  inducements  to  vote  for  them. 
These  inducements  may  be  in  the  form  of  political  advan- 
tages and  influence  to  be  used  in  favor  of  these  members ; 
or  appointments  to  positions  for  members  or  their  friends  ; 
or  money  itself  may  be  paid  for  votes.  Because  so  many 
corrupt  means  are  employed  to  obtain  votes,  the  term 
"  lobbyist  "  has  taken  on  a  bad  meaning.  Laws  have  been 
enacted  which  are  intended  to  check  the  evils  of  lobbying ; 
but  these  are  not  very  efficient.  The  only  safeguard 
against  bad  laws  will  be  found  in  the  election  to  our  legis- 
latures of  men  who  cannot  be  bribed. 

Another  source  of  evil  legislation  is  the  haste  with 
which  laws  are  sometimes  passed.  Toward  the  end  of  a 
session,  especially,  bills  are  voted  upon  without  adequate 


STATE   LEGISLATURES.  1 97 

time  and  attention  being-  devoted  to  them.     As  a  conse- 
quence, bad  measures  slip  through  unnoticed. 

Again,  members  of  legislatures  may  be  induced  to  vote 
for  unwise  bills  merely  because  they  are  favored  by  one 
political  party  or  the  other.  When  a  member  "votes  with 
the  party  "  under  all  circumstances,  he  surrenders  his  inde- 
pendence and  becomes  a  part  of  the  "  political  machine  " 
regardless  of  the  people's  interests. 

Restrictions  upon  Legislatures.  —  Probably  the  most 
fruitful  source  of  bad  laws  is  the  greed  that  is  displayed 
by  many  persons  who  have  political  influence.  The  public 
treasury  is  regarded  by  them  as  legitimate  plunder,  and 
numberless  schemes  are  originated  for  getting  money 
from  it  without  rendering  to  the  State  a  fair  return.  Con- 
sequently, constitutions  contain  restrictions  upon  the  en- 
actment of  laws  relating  to  finances.  In  many  other  ways 
State  legislatures  are  restricted  in  the  subjects  and  the 
manner  of  legislation.  Evidently  this  is  necessary  because 
the  representatives  of  the  people  sometimes  betray  public 
interests.  It  is  exceedingly  desirable,  therefore,  that  citi- 
zens should  be  intelligent  in  political  matters  and  watchful 
in  guarding  their  rights.  But,  we  repeat,  the  surest  way 
to  have  good  laws  is  to  elect  good  men  to  our  legislatures. 

SUPPLEMENTARY   QUESTIONS. 

For  the  study  of  your  State  legislature:  — 

1.  Learn  the  number  of  members  in  each  house  ;    the  time  of  then- 

election  ;    their   terms   and   salaries.      What   officers    has   each 
house  ? 

2.  When  was  the  last   apportionment  made?     In  what  districts  do 

you  live  ?     Compare  their  size  and  population  with  othci'  districts. 


198  STATE   GOVERNMENTS. 

3.  The  Blue  Book  or  Legislative  Manual  gives  the  list  of  committees 

for  each  house ;  also  the  exact  procedure  in  the  passage  of  bills. 

4.  Is  lobbying  an  evil  in  your  legislature  ?     Can  you  find  instances  in 

which  persons  lobbied  for  a  good  law  ? 

5.  How  does  your  constitution  restrict  the  legislature  as  to  (1)  the 

manner  of  enacting  laws  ;   (2)  the  subjects  of  legislation?     Why 
is  each  restriction  necessary  ? 

REFERENCES. 

1.  Interesting  facts  concerning  State  legislatures  are  given  in  Bryce, 

I,  466-470  (486-490).     Their  faults  are  discussed  on  pp.  526-531 

(550-555)- 

2.  Many  important  items  regarding  legislatures  in  all  the  States  are 

tabulated  in  Ashley,  The  American  Federal  State,  584-585. 

3.  What  is  meant  by  "proportional  representation"?     Government 

in  State  and  Nation,  13-14;  and  references,  18. 

4.  Direct  legislation    (initiative   and    referendum),   Ibid.,   14-15,    and 

references.  18. 

5.  What  abuses  exist  in  connection  with  legislatures  ?     N.  Am.  Rev., 

170:367-373.     What  remedies  may  be  suggested  ?    Ibid.,  373-383. 
Who  is  responsible  for  corrupt  legislation  ?    Outlook,  71 :  469-471. 


CHAPTER   XXII. 

STATE    EXECUTIVE    AND    ADMINISTRATIVE    DEPART- 
MENTS. 

The  Governor  :  His  Salary  and  Term.  —  We  have  noticed 
in  a  previous  chapter  the  necessity  for  having  chief  execu- 
tives in  towns,  villages,  and  cities.  The  State,  also,  has 
its  head  executive  officer,  the  governor,  who  is  elected  by 
the  people.  A  lieutenant-governor  is  elected  at  the  same 
time  with  the  governor,  and  he  acts  in  the  place  of  the 
latter  when  there  is  a  vacancy.  The  governor  resides  at 
the  State  capital,  and  has  offices  in  the  capitol  building. 
The  State  may  also  provide  an  "  executive  mansion,"  to  be 
used  as  the  governor's  residence.  The  salaries  paid  to 
governors  vary  in  different  States  from  $1500  to  $10,000  a 
year.  In  about  one-half  of  the  States  the  governor's  term 
is  two  years  ;  in  the  other  half  it  is  four  years,  except  that 
in  Massachusetts  and  Rhode  Island  it  is  one  year,  and  in 
New  Jersey  three  years. 

The  Execution  of  Laws.  —  As  the  governor  is  the  chief 
executive  of  the  State,  his  most  important  powers  are 
directed  toward  the  enforcement  of  the  law.  Under  or- 
dinary circumstances  the  violation  of  the  laws  is  checked 
and  punished  by  officers  of  the  local  governments.  We 
have  seen  that  it  is  the  duty  of  sheriffs  and  police  officers 

199 


200  STATE    GOVERNMENTS. 

to  execute  State  laws  in  their  respective  localities.  The 
same  may  be  said  of  other  executive  and  administrative 
officers  in  the  local  divisions.  In  some  cases  the  neglect 
of  duty  by  one  of  these  officers  may  be  the  cause  of  his 
removal  by  the  governor.  But  under  ordinary  circum- 
stances the  governor  has  little  occasion  to  interfere  with 
the  local  administration  of  the  law.  In  times  of  public 
tumult,  however,  when  disorder  or  rioting  prevails  in  any 
locality  to  such  an  extent  that  the  local  officers  cannot 
control  it,  the  governor  may  take  charge  of  affairs  for  the 
purpose  of  bringing  about  peace  and  order.  He  does  this 
with  the  help  of  the  State  militia,  or  the  National  Guard, 
as  this  is  called. 

The  State  Militia.  —  Militia  companies  are  organized  in  almost  every 
State  of  the  Union.  Each  company  is  composed  of  men  who  are 
banded  together  for  purposes  of  military  drill ;  they  are  furnished  with 
arms  and  uniforms,  and  they  pledge  themselves  to  respond  to  a  call  for 
service  at  any  time.  The  governor  is  the  commander  of  the  State 
militia,  and  there  are  officers  subordinate  to  him.  Sometimes  the 
militia  is  called  out  to  assist  in  the  protection  of  property  after  some 
public  disaster,  such  as  a  flood  or  a  tornado.1 

Legislative  Powers  of  the  Governor.  —  The  governor's 
powers  are  not  exclusively  executive,  for  he  has  some  powers 
in  connection  with  legislation.  ( I )  His  right  to  sign  and  veto 
bills  may  be  mentioned  under  this  head.  (2)  Then,  too,  he 
sends  messages  to  the  legislature  recommending  measures 
that  he  thinks  wise.  (3)  He  may  call  a  special  session  of 
the  legislature  to  consider  any  matter  that  requires  imme- 
diate attention.     Besides  these  direct  legislative  functions, 

1  We  speak  here  of  the  organized  militia.  For  another  use  of  the  term, 
see  p.  106. 


EXECUTIVE    DEPARTMENT.  201 

the  governor  generally  exerts  great  influence  in  connection 
with  the  work  of  the  legislature.  He  is  naturally  one  of 
the  leaders  of  his  party,  and  his  followers  look  to  him  for 
the  framing  and  the  carrying  out  of  policies  that  will  in- 
crease their  party's  influence.  Sometimes  this  considera- 
tion, rather  than  the  general  interests  of  the  people,  seems 
to  determine  the  governor's  attitude  toward  the  making 
and  the  enforcement  of  laws. 

The  Pardoning  Power.  —  The  governor  has  at  least  one 
function  that  would  be  classed  as  judicial.  He  may  pardon 
criminals  who  have  been  sentenced  to  punishment  by  the 
courts.  This  may  be  done  at  any  time  before  the  expi- 
ration of  the  term  of  punishment.  The  friends  of  the 
prisoner  petition  the  governor  for  the  pardon,  and  he 
reviews  the  testimony  and  hears  arguments  in  the  case 
before  deciding  it.  The  withholding  of  the  punishment  for 
a  time  is  called  a  reprieve  ;  if  the  punishment  is  changed  by 
the  governor  to  one  of  less  severity,  it  is  a  commutation. 
In  a  few  States  the  pardoning  power  is  vested  in  a  board 
instead  of  in  the  governor.  This  may  be  because  of  a 
desire  to  relieve  the  latter  from  the  labor  involved  in  such 
affairs;  or  because  the  pardoning  power  in  the  hands  of 
governors  has  sometimes  been  abused. 

The  State  Administrative  Officers.  —  The  governor  is 
incapable  of  attending  to  all  the  details  involved  in  admin- 
istering State  affairs ;  so  there  are  many  other  State 
officers  with  whom  he  shares  these  duties.  Some  of  these 
will  now  be  mentioned. 

Like  the  clerk  in  the  local  government,  the  Secretary  of 
State  is  the  keeper  of  State  records.      In  his  office  the 


202  STATE    GOVERNMENTS. 

laws  and  other  official  acts  are  recorded,  and  to  them  the 
official  seal  of  the  State  is  given.  The  State  Treasurer 
collects  and  pays  out  money.  Most  states  have  an  officer 
called  auditor  or  comptroller,  who  has  very  important  duties 
in  connection  with  finances.  It  is  his  business  to  examine 
and  approve  or  disapprove  all  orders  for  the  payment  of 
money;  so  that  unjust  claims  may  not  be  paid.  FLe 
attorney-general  of  the  State  is  a  lawyer  who  gives  legal 
advice  to  the  governor  and  administrative  officers,  and 
who  takes  charge  of  important  suits  in  which  the  State  is 
a  party. 

The  administrative  officers  mentioned  above  are  in  most 
instances  elected  by  the  people  at  the  same  time  with  the 
governor  and  the  members  of  the  legislature.  Among 
those  that  are  now  to  be  enumerated,  the  larger  number 
are  appointed  by  the  governor,  though  in  some  cases  they 
obtain  office  by  election. 

Penal  and  Charitable  Institutions.  —  A  very  important 
part  of  the  work  of  a  State  is  found  in  its  support  of  penal 
and  charitable  institutions.  Under  the  former  fall  the 
prisons  and  reformatories.  Of  the  charitable  institutions, 
there  are  asylums  for  the  insane,  schools  for  the  deaf  and 
blind,  and  homes  for  dependent  children.  The  manage- 
ment of  these  institutions  is  carried  on  in  several  different 
ways,  (i)  There  may  be  a  separate  board  of  trustees  for 
each  institution.  In  most  cases  each  board  exercises  its 
powers  independently  of  the  others.  (2)  Since  uniformity 
of  management  seems  desirable,  to  some  extent,  many 
States  have  central  boards  which  have  power  to  inspect 
these  institutions  and  more  or  less  power  to  supervise  their 


EXECUTIVE    DEPARTMENT. 


203 


management.  (3)  In  a  few  States  the  process  of  central- 
ization has  gone  a  step  farther :  the  separate  boards  of 
trustees  have  been  abolished,  and  the  entire  control  of  all 
the  institutions  is  given  to  a  single  board. 

The  Department  of  Education.  —  The  management  of  our 
public  schools,  we  shall  see  in  a  later  chapter,  is  princi- 
pally in  the  hands  of  local  officers  —  the  school  boards  of 
towns,  villages,  and  cities.  But  every  State  has  also  a  State 
superintendent  or  a  board  of  education,  who  supervise  to 
some  extent  the  administration  of  State  laws  by  the  local 
boards.  Considerable  influence  may  be  exerted  by  the 
State  department  of  education  in  the  direction  of  raising 
the  standard  of  qualifications  for  teachers  and  in  promot- 
ing the  progress  of  education  throughout  the  State.  When 
the  State  supports  a  university  and  normal  schools,  these 
have  their  boards  of  trustees,  or  regents. 

The  State  Board  of  Health.  —  We  have  noticed  that  in 
educational  matters  State  officers  supervise  the  local 
administration  of  laws  upon  this  subject.  It  is  one  pur- 
pose of  this  arrangement  to  secure  uniformity ;  thorough- 
ness of  administration  is  another  object  sought,  for  local 
officers  are  sometimes  lax  in  the  execution  of  their  duties. 
These  observations  apply  to  other  subjects  than  education, 
and  among  these  is  the  subject  of  public  health.1  There 
are  State  boards  of  health  that  have  authority  to  assist 
local  health  officers,  or  to  compel  the  latter  to  administer 
the  laws  properly. 

1  Some  of  the  purposes  of  health  regulations  have  been  mentioned.  See 
p.  4. 


204  STATE   GOVERNMENTS. 

Boards  of  Examiners.  — In  many  other  ways  State  offi- 
cers are  engaged  in  protecting  the  interests  of  the  public. 
There  are  often  boards  of  examiners  who  have  authority 
to  grant  licenses  to  persons  wishing  to  practice  medicine, 
dentistry,  pharmacy,  or  law.  Only  those  who  possess 
these  licenses,  and  others  who  are  graduates  of  professional 
schools  in  good  standing,  may  engage  in  these  pursuits ; 
and  the  boards  of  examiners  must  enforce  the  laws  on  this 
subject.  By  such  measures  the  State  protects  its  citizens 
against  persons  who  would  impose  upon  them. 

The  State  Supervision  of  Industries.  —  Many  States  have 
officers  or  boards  who  administer  the  laws  relating  to 
banks,  railways,  and  insurance.  The  powerful  corporations 
engaged  in  these  kinds  of  business  require  supervision 
because  the  interests  of  vast  numbers  of  people  are  affected 
by  their  management ;  also  because  these  corporations,  if 
mismanaged,  may  work  such  injury  to  their  patrons  that  no 
means  can  be  found  for  making  adequate  reparation  to  those 
who  suffer.  Examples  of  this  may  be  found  in  railway  disas- 
ters and  in  the  failures  of  banks  and  insurance  companies. 

It  is  becoming  quite  common  for  States  to  undertake, 
through  special  officers,  the  inspection  of  factories,  mines, 
and  workshops.  The  State  inspectors  enforce  numerous 
laws,  some  of  which  regulate  the  employment  of  women 
and  children  ;  others  require  that  factories  and  shops  shall 
have  a  proper  amount  of  light  and  ventilation,  that  fire- 
escapes  shall  be  provided,  and  that  dangerous  machinery 
shall  be  surrounded  by  guard  rails. 

Game  Laws.  —  Finally,  besides  guarding  the  health, 
financial  interests,  and  safety  of  its  citizens,  the  State  gov- 


EXECUTIVE   DEPARTMENT.  205 

crnment  undertakes  to  supervise  their  sports  by  means  of 
game  laws.  These  laws  aim  to  protect  wild  animals 
against  wholesale  or  wanton  destruction,  by  prohibiting 
hunting  except  during  certain  seasons.  Similar  laws  are 
enacted  for  the  preservation,  and  sometimes  for  the  propa- 
gation, of  fish. 

The  State  Government  and  the  People.  —  All  of  the  va- 
rious activities  of  the  State  serve  to  remind  us  that  the  real 
source  of  government  is  in  the  people.  These  laws  are 
made  by  their  representatives,  not  by  some  external  author- 
ity ;  the  people  take  these  ways  of  protecting  themselves 
against  certain  evils  and  inconveniences.  The  State  offi- 
cers are  not  rulers  set  over  the  people  to  enforce  their  own 
wills,  but  they  are  the  people's  servants  attending  to  pub- 
lic interests  which  the  citizens  could  not  manage  for  them- 
selves. 

Whether  the  activities  of  the  State  government  should 
penetrate  still  farther  into  the  affairs  that  are  now  man- 
aged by  local  governments,  and  whether  its  control  should 
be  extended  into  new  fields  and  over  other  enterprises,  are 
questions  very  difficult  to  answer.  Such  tendencies  are 
centralizing  in  nature,  and  their  wisdom  is  debatable. 

SUPPLEMENTARY   QUESTIONS. 

For  the  study  of  your  State  government :  — 

1.  Learn  what  you  can  of  the  capitol  building  and  the  executive 

mansion. 

2.  What  is  the  governor's  salary?     Is  there  a   "contingent  fund' 

besides? 

3.  How  many  militia  companies  are  organized  in  the  State  ?     The 

State  laws  tell  the  number  of  men  and  officers  composing  each 


206  STATE   GOVERNMENTS. 

company,  battalion,  and  regiment.  Do  you  know  an  instance 
when  the  militia  was  called  into  service  ? 

4.  Make  a  complete  list  of  the  administrative  officers  and  boards. 

Which  are  elected,  and  which  appointed  ?  Schools  may  obtain 
the  reports  of  State  officers,  showing  the  workings  of  the  various 
departments. 

5.  What  penal  and  charitable  institutions  are  there?     How  are  they 

managed  ? 

6.  What  are  the  State  educational  institutions?     Under  whose  con- 

trol is  each  ? 

7.  What  are  some  of  the  laws  relating  to  factories,  and  to  the  em- 

ployment of  women  and  children? 

8.  What  are  some  of  the  game  laws  ?     Do  you  think  them  wise  ? 

9.  Have  you  noticed  any  tendency  toward  the  further  extension  of 

the  State  government  into  local  affairs  ? 

REFERENCES. 

1.  The  extension  of  State  authority  with  regard  to  the  management 

of    roads,    Forum,   26:     668-672.       Highway    Construction    in 
Massachusetts,  Pop.  Sci.  Mo.,  51 :  73-82. 

2.  General  facts  concerning  State  executive  and  administrative  offi- 

cers are  given  in  Bryce,  Vol.  I,  Chapter  41. 


CHAPTER   XXIII. 
POLITICAL   PARTIES   AND   ELECTIONS. 

The  Political  Campaign.  —  One  of  the  most  interesting 
features  of  our  government  is  the  political  campaign  that 
precedes  an  election.  Not  the  voters  alone,  but  all  the 
people,  both  young  and  old,  discuss  the  issues,  and  the 
merits  of  the  various  candidates.  Mass  meetings,  speeches, 
and  torchlight  processions  add  to  the  interest  of  this  time. 
Party  spirit  runs  high;  but  the  good  nature  and  quiet  that 
follow  all  this  display  of  partisan  feeling,  when  the  result 
of  the  election  is  finally  known,  teach  an  impressive  lesson. 
For  here  we  see  the  proof  that  the  American  people  be- 
lieve thoroughly  in  government  by  the  majority.  No  true 
citizen  wishes  to  see  his  party  triumph  in  any  other  than 
a  lawful  way,  and  he  believes  that  order  and  security  are 
of  greater  importance  than  the  temporary  success  of  any 
candidate  or  political  party. 

In  an  election,  the  voters  choose  the  officers  who  are 
to  carry  on  their  government.  In  their  work  of  making 
and  executing  laws,  the  officers  are  the  people's  repre- 
sentatives. Hence  we  see  the  importance  of  elections ; 
for  the  character  of  the  government  depends  in  no  small 
degree  upon  the  character  of  the  men  who  are  to  con- 
duct it. 

Qualifications  for  Suffrage.  —  No  less  important  is  the 
question,  "  Who  shall  have  the  right  to  vote  for  officers  ?  " 

207 


208  STATE   GOVERNMENTS. 

In  general,  we  may  say  that  this  country  has  universal,  or 
manhood,  suffrage.  This  means  that  all  men  who  are 
twenty-one  years  of  age,  or  older,  may  vote ;  though  there 
are  many  exceptions  to  this  rule.  In  most  States  of  the 
Union  a  voter  (or  elector)  must  be  a  citizen  of  the  United 
States ;  but  in  others,  a  foreigner,  who  has  declared  his 
intention  to  become  a  citizen,  has  the  right  to  vote.  Then, 
too,  it  is  usual  to  require  that  the  voter  shall  live  in  his 
State  for  a  prescribed  time,  before  he  is  given  the  right  of 
suffrage.1  Another  requirement  is,  that  he  shall  have 
resided  in  the  town,  village,  or  ward  where  he  wishes  to 
vote,  for  a  certain  number  of  days  preceding  the  election. 
The  common  qualifications  for  voters,  then,  relate  to  age, 
sex,  citizenship,  and  residence.  There  are  also  certain 
classes  of  persons  who  are  evidently  unfitted  to  exercise 
the  right  of  suffrage ;  these  are  the  insane,  and  convicts 
who  have  not  been  pardoned.  Paupers,  also,  are  some- 
times denied  the  right  to  vote. 

Educational  Tests  for  Voters.  —  Let  us  now  consider 
some  of  the  peculiar  suffrage  requirements  fixed  by  the 
laws  of  different  states.2  A  number  of  States  of  the  Union 
have  established  some  kind  of  educational  test  for  the 
voter ;  for  instance,  he  may  be  required  to  read  the  Consti- 
tution, or  to  write  his  name.     In  several  of  the  Southern 


1  Generally,  this  time  is  one  year;  though  in  many  States,  as  in  Iowa 
and  Minnesota,  it  is  six  months,  and  in  some,  as  in  Mississippi  and  Louisiana, 
two  years. 

2  It  will  be  noticed  that  suffrage  qualifications  are  the  subject  of  State,  not 
of  National,  law.  Exceptions  to  this  general  statement  are  noted  in  "  Govern- 
ment in  State  and  Nation,"  p.  48. 


POLITICAL   PARTIES   AND    ELECTIONS.  209 

States  this  requirement   results  in  the  exclusion  of  large 
numbers  of  negroes  from  voting.1 

Woman  Suffrage. — The  privilege  of  voting  in  school 
elections  has  been  extended  in  most  of  the  States  of  the 
Union  to  women  who  have  the  general  qualifications  for 
voters  that  were  enumerated  in  the  preceding  paragraph. 
In  four  States,  Wyoming,  Idaho,  Colorado,  and  Utah, 
women  have  been  made  electors  on  the  same  footing  as 
men. 

Nominations.  — The  first  step  in  the  process  of  electing 
officers  is  their  nomination.  This  process  is  under  the 
control  of  political  parties;  so  in  order  to  understand  it 
we  must  discuss  quite  fully  the  workings  of  our  great 
party  organizations. 

Political  Parties.  —  A  political  party  is  composed  of 
voters  who  have,  in  general,  common  beliefs,  and  who  unite 
to  secure  the  election  of  certain  men  to  office.  Now,  the 
voters  cannot  accomplish  this  result  unless  they  are  organ- 
ized. In  a  large  factory  or  in  an  army,  there  must  be 
leaders  and  subordinate  officers  who  direct  the  movements 
of  the  men  under  their  authority;  so  in  a  political  party 
the  voters  must  be  guided  by  leaders.  These  leaders  take 
charge  of  party  business  and  work  for  party  victory.  They 
are  generally  the  members  of  the  party  committees  that 
each  party  has  in  every  State  and  in  all  the  local  divisions. 

1  The  States  having  educational  qualifications  at  present  are  Delaware, 
Virginia,  North  Carolina,  South  Carolina,  Alabama,  Louisiana,  Maine,  Massa- 
chusetts, Connecticut,  Mississippi,  Wyoming,  and  California.  In  some  of  these 
States  persons  who  own  a  certain  amount  of  property  and  those  whose  ances- 
tors voted  before  1867  are  exempt  from  the  educational  test. 


2IO  STATE   GOVERNMENTS. 

As  the  first  step  in  the  process  of  nomination,  the  com- 
mittee of  the  town,  village,  or  ward  calls  a  meeting  of  the 
voters  who  belong  to  their  party ;  this  meeting  is  called 
the  caucus,  ox  primary.  The  conduct  of  the  caucus  is  in 
the  hands  of  the  committee,  and  in  some  localities  they 
determine  who  may  attend  and  take  part. 

Why  Conventions  are  Necessary.  —  In  most  States  the 
local  elections  occur  in  the  spring,  and  the  "  general  elec- 
tion," when  county  and  State  officers  are  chosen,  occurs  in 
November.  Now,  a  caucus  may  do  one  or  both  of  two 
things.  If  town,  village,  or  ward  officers  are  to  be  elected, 
it  may  (i)  nominate  candidates  directly.  But  if  city 
officers  are  to  be  elected,  or  if  the  caucus  precedes  the 
general  election,  then  it  must  (2)  choose  delegates  to  go  to 
conventions  where  candidates  are  nominated.  In  a  large 
city,  for  instance,  the  voters  of  a  party  do  not  assemble  in 
one  meeting ;  but  the  delegates  chosen  in  the  ward  pri- 
maries meet  in  a  convention  and  nominate  candidates  for 
the  positions  of  mayor  and  other  city  officers.  So,  too,  in 
the  making  of  nominations  for  general  elections,  there  are 
county  conventions  and  conventions  in  the  legislative  dis- 
tricts, where  candidates  who  run  for  county  offices  and  for 
seats  in  the  State  legislature  are  placed  in  nomination. 
These  conventions,  like  the  caucuses,  are  managed  by 
party  committees.  The  nomination  of  State  officers  re- 
quires an  additional  step  to  complete  the  process.  There 
are  first  caucuses,  where  delegates  are  elected  to  attend 
conventions  in   all  the  counties  of  the  State.1     At  these 

1  The  exact  process  varies  in  different  places  ;  the  conventions  may  be 
held  in  legislative  districts. 


POLITICAL   PARTIES    AND    ELECTIONS.  211 

conventions,  still  other  delegates  are  elected  to  attend  the 
State  convention,  which  nominates  candidates  for  State 
officers.  A  double  convention  process  may  also  be  re- 
quired for  the  nomination  of  candidates  for  Representa- 
tives in  Congress ;  while  in  the  case  of  a  Presidential 
election,  three  sets  of  conventions  may  be  necessary  before 
the  candidates  are  finally  nominated.1 

Party  Platforms.  --  It  is  evident  that  our  methods  of 
placing  candidates  in  nomination  are  quite  complicated. 
This  fact  increases  the  necessity  for  party  organization  ; 
there  must  be  party  leaders  to  manage  every  step  that  is 
taken.  These  party  leaders  are  also  very  influential  in 
securing  the  adoption  of  platforms  by  the  conventions 
mentioned  above.  The  platform  is  a  statement  of  the 
policies  for  which  a  party  stands.  Platforms  contain 
"planks"  expressing  views  upon  such  subjects  as  the 
tariff,  colonial  expansion,  and  trusts.  The  party  pledges 
itself  in  the  platform  to  carry  out  certain  policies  if  its 
candidates  are  elected. 

The  Conduct  of  a  Campaign.  —  Another  function  of  party 
managers  and  committees  is  the  conducting  of  the  cam- 
paign. This  involves  a  great  amount  of  labor  and  the 
expenditure  of  considerable  sums  of  money.  Speakers 
must  be  secured,  halls  rented,  and  brass  bands  hired.  The 
printing  and  distribution  of  bills,  pictures,  and  pamphlets 
is  managed  upon  a  large  scale.  In  the  local  divisions  the 
party  workers  must  keep  lists  of  voters  and  solicit  some  of 
them  personally  in  order  to  secure  their  votes. 

1  See  p.  i  iS. 


2  12  STATE    GOVERNMENTS. 

The  money  used  for  all  these  purposes  amounts  to  very 
large  sums.  It  is  collected  (i)  from  candidates,  each  of 
whom  is  expected  to  make  a  contribution  in  proportion  to 
the  importance  of  the  office  which  he  seeks;  (2)  from 
those  persons  who  expect  appointments  to  office  if  their 
party  is  victorious  ;  (3)  sometimes  others,  not  candidates, 
who  are  interested  in  the  triumph  of  their  party's  policies 
give  money  for  campaign  purposes ;  (4)  persons  and  cor- 
porations whose  business  will  be  helped  by  the  victory  of 
one  side  over  the  other  frequently  make  liberal  contribu- 
tions to  campaign  funds. 

The  Boss,  the  Ring,  and  the  Machine.  —  It  is  evident  that 
the  principal  functions  of  political  parties,  i.e.,  the  nomina- 
tion of  candidates  and  the  management  of  campaigns,  are 
in  the  hands  of  (1)  party  committeemen,  and  (2)  delegates 
at  conventions.  These  are  the  party  leaders,  and  they  are, 
or  should  be,  also  the  representatives  of  the  voters.  The 
leaders  and  managers  are,  in  many  cases,  completely  organ- 
ized. That  is,  the  local  party  workers  recognize  one  of 
their  number  as  a  sort  of  captain  or  boss.  He  in  turn  may 
be  one  of  the  subordinate  officers  in  the  party  organization 
of  the  city  or  the  state.  This  may  have  at  its  head  a  group 
of  politicians,  called  a  ring,  or  it  may  be  under  the  con- 
trol of  a  single  man,  whose  influence  is  recognized  in  a  city 
or  throughout  an  entire  State.  He  would  then  be  called  a 
boss.  To  the  entire  organization  of  superior  and  inferior 
politicians  the  name  machine  has  been  given.  Each  ad- 
herent of  the  machine  works  for  party  success ;  he  helps 
those  who  are  above  him  in  authority,  because  he  hopes  to 
gain  recognition  and  reward  for  his  work.     On  the  other 


POLITICAL    PARTIES  AND    ELECTIONS.  213 

hand,  he  secures  the  allegiance  of  his  followers,  whether 
they  be  the  subordinate  party  leaders  or  the  voters,  by 
arousing  their  enthusiasm  for  the  party,  and  by  promising 
success  at  the  election  if  he  is  supported.  When  a  thor- 
oughly organized  machine  is  in  control  of  a  party,  its 
chances  for  victory  are  largely  increased. 

Do  Party  Machines  represent  the  Voters  ?  —  The  ques- 
tion arises,  Do  party  machines  represent  the  wishes  of  the 
voters  accurately  ?  In  many  cases  they  do  not,  for  several 
reasons  which  we  shall  now  discuss. 

(1)  It  is  evident  that  the  wishes  of  the  voters  do  not 
have  great  influence  with  the  political  machine  when  the 
voters  do  not  attend  the  caucuses.  Ordinarily  caucus  at- 
tendance includes  only  a  small  fraction  of  the  total  number 
of  voters. 

(2)  Even  when  many  voters  attend  a  primary,  the 
majority  may  not  nominate  the  candidates  or  elect  the 
delegates ;  for  they  may  not  be  so  well  organized  as 
the  minority,  and  in  consequence  their  votes  will  be 
distributed  among  numerous  candidates.  In  such  a  case 
the  machine  will  win,  because  its  votes  are  concentrated 
upon  one  candidate  or  one  set  of  delegates. 

(3)  When  they  fear  defeat,  unscrupulous  men  in  charge 
of  a  primary  may  exclude  voters  by  fraud;  sometimes  they 
secure  the  result  they  wish  by  force  or  intimidation. 

(4)  In  conventions  the  opportunities  for  defeating  the 
will  of  the  voters  are  many.  The  delegates  may  or  may  not 
be  instructed  to  vote  for  certain  candidates.  Many  times 
they  violate  their  instructions,  or  vote  for  candidates  who 
are   known   to   be  obnoxious  to  a   majority  of   the   party. 


214  STATE   GOVERNMENTS. 

These  things  happen  because  delegates  cannot  be  held 
directly  responsible  for  their  action  in  conventions,  and 
because  of  the  temptations  to  which  they  are  subjected. 
They  are  often  induced  to  trade  votes  ;  i.e.,  they  vote  for  a 
man  on  the  condition  that  his  supporters  will  vote  for  some 
other  candidate  whom  they  favor.  Again,  delegates  are 
persuaded  to  vote  for  unworthy  candidates  by  promises  of 
reward  in  the  form  of  political  appointments  and  other 
favors.  Finally,  it  is  too  often  true  that  candidates  buy 
the  votes  of  delegates. 

In  all  of  these  ways  it  frequently  occurs  that  bad  men 
are  nominated  for  office  against  the  wishes  of  the  party 
adherents.  Consequently,  when  this  happens  in  both 
parties  before  the  same  election,  the  voter  goes  to  the 
polls  having  merely  a  choice  between  two  candidates  neither 
of  whom  is  acceptable  to  him.  It  is  also  true  that  the  wishes 
of  a  majority  of  the  voters  in  a  party  can  be  most  success- 
fully ignored  when  the  party  is  controlled  by  a  thoroughly 
organized  machine.  Because  this  has  come  about  most 
frequently  under  the  leadership  of  corrupt  politicians,  the 
words  machine,  boss,  and  ring  have  taken  on  a  bad  meaning  ; 
though  there  is  no  reason  why  a  political  machine  may  not 
be  organized  by  good  men,  and  managed  solely  with  a  view 
to  representing  the  will  of  a  majority  of  the  voters. 

Election  Reform  Laws.  —  Numerous  laws  have  been 
passed  within  recent  years  regulating  such  party  activities 
as  committee  organization  and  caucuses.  It  is  the  purpose 
of  these  laws  to  check  the  evils  that  have  just  been  dis- 
cussed. These  are  known  as  "primary  reform  laws  "  and 
"corrupt  practices  acts." 


POLITICAL    PARTIES    AND    ELECTIONS.  21  5 

Direct  Nomination.  —  In  some  States  the  system  of 
"direct  nominations"  has  been  adopted,  caucuses  and 
conventions  giving  place  to  a  "primary  election,"  in  which 
the  voter  may  cast  his  ballot  for  such  persons  as  he  wishes 
to  see  nominated  by  his  party  for  State  as  well  as  for  local 
offices.1  This  system  is  simpler  than  the  ordinary  method, 
but  it  has  not  been  tried  sufficiently  to  determine  the  extent 
to  which  it  will  cure  the  evils  of  our  nominating  system. 

The  Australian  Ballot.  — We  have  now  followed  the 
course  of  the  proceedings  that  are  preliminary  to  the  elec- 
tion. This  final  step  is  conducted  under  the  Australian 
ballot  system.  Its  essential  features  are  three  in  number: 
(1)  registration,  (2)  the  official  ticket,  and  (3)  the  secret 
ballot. 

1.  Registration.  -  -  Registration  laws  require  that  at  cer- 
tain fixed  dates  previous  to  the  election,  the  voters  shall 
have  their  names  and  residences  recorded  by  election 
officials.  Registry  lists  containing  all  the  names  are  pub- 
lished. Persons  who  wjsh  to  vote  without  having  been 
registered,  must  "swear  in"  their  votes,  i.e.,  they  must 
take  oath  that  they  are  fully  qualified.  These  require- 
ments prevent  certain  practices  that  once  were  common, 
particularly  that  of  "  repeating,"  when  voters  went  from 
one  election  district  to  another,  claiming  residence  in  each. 
In  large  cities,  where  illegal  voting  is  hard  to  detect,  per- 
sons who  do  not  register  are  not  allowed  to  swear  in  their 
votes. 

1  This  i<  the  legal  method  of  making  nominations  in  Minnesota,  and  in 
parts  of  California,  New  York,  Ohio,  Illinois,  Maryland,  Michigan,  Missouri, 
and  Oregon. 


2i6  STATE   GOVERNMENTS. 

2.  The  Official  Ticket.  —  Before  the  adoption  of  the 
Australian  ballot  system  each  party  printed  its  own  ticket, 
or  tickets  might  be  printed  by  candidates  or  by  other 
persons.  This  made  it  possible  to  commit  fraud  in  many 
different  ways.  The  "  stuffing  "  of  ballot  boxes  with  tissue- 
paper  tickets  which  were  folded  together  and  made  to  look 
like  one  ticket,  was  one  of  the  frauds.  Again,  a  candidate 
might  print  tickets  of  the  opposing  party,  inserting  his  own 
name  instead  of  that  of  his  rival.  Pasters,  or  gummed 
slips,  containing  one  candidate's  name  were  used  in  the 
same  way.  Many  times  ignorant  and  careless  voters  were 
deceived  by  these  devices.  Under  the  Australian  ballot 
system,  the  official  ticket  is  printed  at  government  expense, 
and  it  contains  the  names  of  the  candidates  for  all  parties. 
The  elector  merely  marks  the  names  of  the  candidates  for 
whom  he  wishes  to  vote. 

3.  The  Secret  Ballot. — When  separate  party  tickets 
were  used,  and  these  might  be  obtained  from  any  person, 
it  was  possible  to  bribe  a  voter  and  then  to  watch  him 
until  he  was  seen  to  cast  the  particular  ballot  given  to  him. 
Under  the  Australian  ballot  system,  on  the  other  hand, 
tickets  are  obtainable  only  from  election  officials.  The 
voter  marks  his  ballot  in  a  booth  where  he  is  screened 
from  view.  He  may  not  show  his  marked  ballot  to  any 
one.  By  these  means  the  direct  bribery  of  voters  has  been 
checked. 

The  Official  Canvass.  —  When  the  polls  are  closed  on 
election  day,  the  canvass  of  the  votes  begins.  The  ballots 
are  counted  in  the  voting  booths.  Reports  of  the  number 
of  votes  cast  are  sent  to  city  and  county  clerks;  these 


POLITICAL  PARTIES   AND   ELECTIONS.  217 

officers  send  tabulated  results  to  the  Secretary  of  State.  In 
each  governmental  division  there  is  a  board  of  canvassers 
which  officially  determines  the  results  of  the  election  and 
declares  who  are  the  successful  candidates.  To  these, 
certificates  of  election  are  given,  entitling  them  to  take 
office. 

The  Theory  of  Elections.  —  It  is  the  theory  of  our  gov- 
ernment that  an  election  is  one  means  by  which  the  popu- 
lar will  is  expressed.  In  order  that  this  may  be  true,  every 
voter  must  be  able  to  cast  his  ballot  freely  and  to  have  it 
counted  fairly.  But  more  than  this,  we  must  remember 
that  the  process  of  nomination  is  an  essential  step  in  elec- 
tions. Consequently,  it  is  no  less  necessary  that  the 
caucus  and  the  convention  should  represent  popular 
opinion  within  the  party.  The  voter  should  have  a  chance 
to  make  his  influence  felt  in  the  caucus  ;  the  delegates  who 
assemble  in  convention  should  execute  the  will  of  the 
voters  who  choose  them,  when  that  is  known ;  and  all 
party  leaders  and  candidates  should  be  faithful  to  the 
interests  of  their  constituents. 

Independent  Voters  and  Parties.  — When  these  things  are 
not  true,  or  when  the  practice  does  not  conform  to  our 
theory  of  elections,  voters  who  have  independence  of  mind 
"scratch"  their  tickets,  selecting  the  best  men  regardless 
of  party  connections.  Sometimes  the  independents  go 
farther  and  organize  independent  movements,  or  new 
parties,  nominating  candidates  whom  they  approve.  In 
these  ways,  lack  of  judgment  or  misbehavior  on  the  part 
of  political  leaders  may  be  punished. 


218  -       STATE    GOVERNMENTS. 

The  Citizen's  Duty.  —  Under  ordinary  conditions,  how- 
ever, the  political  work  described  in  this  chapter  is  in  the 
hands  of  the  regularly  organized  parties,  and  the  citizen 
who  has  the  public  interests  at  heart  may  exert  his  influ- 
ence most  effectively  by  participating  in  party  activities. 

SUPPLEMENTARY   QUESTIONS. 

Elections  in  your  State  :  — 

i.    Suffrage  qualifications.     Are  these  fixed  by  the  constitution  or  by 
law  ?     How  may  they  be  altered  ? 

2.  Nominations.    What  party  committees  can  you  learn  about  ?    When 

were  caucuses  last  held  in  your  locality,  and  for  what  purpose  ? 
How  many  were  held  preceding  the  last  general  election?  How 
many  conventions  were  there  ?     What  did  each  do  ? 

3.  The  election.     Draw  a  diagram   showing  the  arrangement  of  the 

voting  booth.  What  officers  have  charge  of  the  election  ?  Ob- 
tain a  sample  ballot  and  show  how  it  is  marked.  What  does  the 
law  require  concerning  (1)  registration,  (2)  the  printing  of  bal- 
lots, (3)  secrecy  in  voting,  (4)  the  official  canvass  ? 

QUESTIONS   FOR   DEBATE. 

1.  Should  foreigners  who  have   merely  declared  their  intentions  to 

become  citizens  be  allowed  to  vote  ? 

2.  Should  there  be  an  educational  test  for  voters  ? 

3.  Should  the  system  of  direct  nomination  be  adopted? 

4.  Is  it  the  citizen's  duty  to  belong  to  and  work  with  a  political  party? 

5.  Should  members  of  a  political  party  always  vote  a  straight  ticket  ? 

REFERENCES. 

1.  A  very  complete   discussion  of  our  political  party  system  is  that 

found  in  Bryce,  Vol.  II,  Chapters  53-75. 

2.  Suffrage.      Historical    Changes,    Ashley,    The  American    Federal 

State,  423-426.  Property  Qualifications,  Holt,  Talks  on  Civics, 
37I-375-      Is  Suffrage  a   Natural   Right?      Outlook,   68:711-712. 


POLITICAL   PARTIES    AND    ELECTIONS. 


219 


Woman  Suffrage,  Outlook.  64:  573-574;  65:  430-431.  Negro 
Disfranchisement,  Forum,  32  :  460-465  ;  Rev.  of  R's,  22  :  273  275; 
25:  716-718;  Outlook,  71 :   163-166.     N.  Am.  Rev.,  175  :  534-543. 

3.  Machine   Politics  and  the   Boss,   Bryce,  Vol.  II,   Chapters  60-64; 

Ashley,  The  American  Federal  State,  444-453  ;  Atl.  Mo..  86:  289- 
299;   Rev.  of  R's,  22:  222-223;  Outlook,  69 :  525-527. 

4.  Primary  Reform    and    Direct    Nominations.      Forum,  33  :    92-102. 

The  Minnesota  Law,  Outlook,  67  :  654-655  ;  Rev.  of  R's.  25  :  716- 
718. 

5.  The  Duties  of  Citizenship.    Century  Mag..  59  :  959-960.    A  series  of 

articles  upon  this  topic  by  President  Roosevelt  are  important : 
Century  Mag.,  59 :  466-471;  60:  211-216,939-944.  The  views  of 
Justice  David  A.  Brewer  are  presented  in  his  book  entitled 
American  Citizenship. 


CHAPTER  XXIV. 

TAXATION. 

The  Purpose  of  Taxation.  —  We  have  more  than  onoe 
commented  upon  the  fact  that  officers  of  government  are 
public  servants ;  they  are  employed  to  conduct  business 
which  individual  citizens  could  not  conveniently  manage 
for  themselves.  This  results  in  a  great  saving  of  time  and 
effort  to  people  who  are  busily  engaged  in  their  private 
affairs.  There  is  also  great  economy  of  expense  in  the 
employment  of  public  officers,  for  the  citizens  can  unite  in 
hiring  these  services  at  much  less  cost  than  would  be 
incurred  by  acting  separately.  This  does  not  mean  that 
government  is  always  made  as  economical  as  it  might  be. 
But  it  is  true  that  the  expense  involved  in  the  protection 
of  life  and  property  and  in  obtaining  the  conveniences  that 
all  communities  need  is  very  small  in  comparison  with  the 
value  of  these  things,  when  this  expense  is  divided  among 
the  citizens. 

The  Property  Tax.  —  Taxation  is  the  process  by  which 
money  is  raised  for  public  uses.  Numerous  methods  are 
employed  for  determining  how  much  each  person  shall 
pay  toward  the  support  of  the  government.  The  theory 
everywhere  employed  for  this  purpose  is  that  each  shall 
be  taxed  in  proportion  to  the  amount  of  property  he  owns, 

220 


TAXATION.  221 

for  it  is  thought  that  one's  ownership  of  property  is  the 
best  evidence  of  his  ability  to  pay  the  tax.1 

The  First  Step  :  Assessment.  —  Necessarily,  the  first  step 
in  this  kind  of  taxation  is  the  process  of  determining  how 
much  property  each  person  owns.  This  is  the  process  of 
assessment.  We  have  found  the  assessors,  who  do  this 
work,  included  in  the  lists  of  town,  village,  and  city  offi- 
cers. In  some  States  the  assessors  are  county  officers. 
The  assessor  makes  a  list  of  all  the  property  owners  in  his 
district,  placing  against  the  name  of  each  the  description 
of  his  property  and  its  value.  When  the  work  of  assess- 
ment is  completed,  the  total  assessed  value  of  all  the  prop- 
erty in  the  town,  village,  or  city  can  be  ascertained. 

The  Levying  of  Taxes.  —  Another  matter  which  we  must 
now  recall  as  mentioned  in  previous  chapters,  is  the  tax 
levy  made  by  governing  bodies,  such  as  the  town  meeting 
or  town  board,  the  village  board,  and  the  city  council. 
These  bodies  determine  the  amount  of  tax  to  be  raised  for 
the  support  of  the  local  government.  It  is  the  proportion 
which  this  amount  bears  to  the  total  assessed  value  that 
determines  the  tax  rate.  If  in  a  certain  locality  the  prop- 
erty is  valued  at  $2,000,000,  and  the  amount  to  be  raised 
is  $20,000,  the  rate  of  taxation  will  be  1  per  cent.  The 
tax  of  Mr.  Jones,  whose  property  is  assessed  at  $1500, 
will  therefore  be  1  per  cent  of  this  amount,  or  $15. 

1  The  extent  to  which  this  theory  is  correct  is  a  difficult  problem  which  the 
student  will  investigate  as  he  studies  more  advanced  works  on  government  and 
political  economy.  The  ease  of  assessment  and  collection  of  the  property  tax 
is  another  reason  for  its  use. 


222  STATE   GOVERNMENTS. 

Undervaluation.  —  We  must  now  notice  the  important 
fact  that  although  the  law  generally  requires  the  assessors 
to  list  property  at  its  full  or  actual  cash  value,  this  require- 
ment is  seldom  observed.  The  practice  of  undervaluing 
property  is  very  common.  Now,  if  the  extent  of  undervalu- 
ation were  the  same  in  every  case,  no  injury  would  result  to 
any  one.  Let  us  suppose,  for  instance,  that  property  is 
uniformly  assessed  at  one-half  of  its  actual  value.  Then 
in  the  illustration  used  above  the  total  assessed  value  would 
be  $1,000,000,  and  the  rate  of  taxation  would  be  2  per  cent, 
since  the  amount  to  be  raised  is  still  $20,000.  Mr.  Jones's 
property  would  be  valued  at  $750  and  his  tax  would  be 
$15  as  before.  In  a  single  locality,  therefore,  uniform 
undervaluation  merely  results  in  raising  the  tax  rate. 

Correcting  Errors  in  Assessments.  —  But,  unfortunately, 
the  property  of  some  persons  is  often  undervalued  more 
than  that  of  others;  this  causes  an  unjust  distribution 
of  the  tax  burden.  We  have  in  the  local  governments, 
therefore,  boards  of  review  or  boards  of  equalization,  which 
have  the  power  to  revise  the  assessment  rolls  and  correct 
these  inequalities.  A  person  who  thinks  his  assessment 
unfair  may  appear  before  this  board  and  ask  to  have  it 
reduced.  In  other  cases  the  board  may  see  fit  to  raise 
the  assessments. 

Taxes  also  levied  by  State  and  County  Authorities.  —  The 
taxing  body  of  the  State  government  is  the  legislature,  and 
in  the  county  taxes  are  levied  by  the  county  board.  When 
these  bodies  appropriate  money  for  the  expenses  of  gov- 
ernment,  they  must   vote  to  raise  amounts   sufficient  to 


TAXATION.  223 

cover  these  expenses.  Of  course  these  taxes,  like  those 
raised  for  local  purposes,  must  be  paid  by  the  property 
owners.  But  they  are  not  paid  separately,  for  it  is  much 
more  convenient  to  have  the  citizen  pay  all  his  taxes  at 
one  time  and  to  the  same  collector.  In  order  that  this 
may  be  done,  each  local  government  must  be  informed  of 
the  amount  of  county  and  State  taxes  it  is  expected  to 
raise.  These  amounts  are  added  to  the  local  tax  levy,  and 
as  a  result  the  tax  rate  is  increased.  The  additional 
money  thus  collected  is  sent  in  the  proper  amounts  to  the 
county  and  State  treasuries. 

The  Apportionment  of  State  and  County  Taxes.  —  The 
most  difficult  part  of  this  process  is  encountered  when  we 
attempt  to  determine  how  much  each  local  unit  shall  pay 
of  the  county  expenses,  and  how  much  of  the  State  ex- 
penses should  be  borne  by  each  county.  Evidently,  the 
rule  in  these  cases  must  be  the  same  as  that  for  fixing  each 
person's  tax,  i.e.,  the  tax  should  be  in  proportion  to  the 
value  of  the  property  found  in  each  county  and  in  each 
local  unit.  There  is  therefore  a  State  board  of  equaliza- 
tion or  assessment  (or  a  State  tax  commission)  which 
determines  a  proper  valuation  for  each  county  and  then 
apportions  the  State  tax  among  the  counties  in  proportion 
to  these  total  valuations.  In  the  same  way  some  county 
authority,  generally  the  county  board,  determines  a  proper 
valuation  for  each  town,  village,  and  city  under  its  jurisdic- 
tion,1 and  then  apportions  the  sum  of  county  and  State 
taxes  among  the  local  units  in  proportion  to  their  valua- 

1  This  step  is  unnecessary  in  States  where  the  assessors  and  collectors  are 
county  rather  than  local  officers. 


224  STATE    GOVERNMENTS. 

tions.  The  county  and  State  boards  of  equalization  do  not 
accept  the  total  valuations  as  fixed  by  the  assessors ;  for  if 
the  property  in  one  town  is  assessed  at  three-fourths  of  its 
actual  value,  while  in  another  it  is  assessed  at  one-half 
actual  value,  evidently  the  former  will  bear  more  than  its 
just  share  of  the  county  taxes.  This  is  another  way  in 
which  the  practice  of  undervaluation  leads  to  injustice. 

The  Calculation  of  the  Rate.  —  It  is  now  evident  that 
every  taxpayer  contributes  to  the  support  of  local,  county, 
and  State  governments  by  the  single  payment  of  his  tax ; 
the  tax  for  each  of  these  governments  must  be  included  in 
the  calculation  of  the  rate.  In  the  illustration  already 
cited,  the  amount  to  be  raised  in  one  local  unit  will  be  the 
local  tax,  $20,000,  plus  its  share  of  the  county  tax,  $3500, 
plus  its  share  of  the  State  tax,  $1500,  making  a  total  of 
$25,000.  This  is  1^  per  cent,  of  the  assessed  value, 
$2,000,000.  The  tax  to  be  paid  by  Mr.  Jones  is  $18.75. 
To  this  must  be  added  the  fee  of  the  treasurer  or  collector 
to  whom  the  tax  is  paid.  If  the  property  owner  refuses  or 
neglects  to  pay  his  taxes,  they  are  declared  delinquent,  and 
the  property  may  be  seized  and  sold  by  the  government. 

Exemption  from  Taxation.  —  Many  kinds  of  property 
are  exempt  from  taxation,  such  as  that  owned  by  the  gov- 
ernment and  that  which  is  devoted  to  purely  charitable 
and  educational  purposes.  In  most  States  church  prop- 
erty is  also  exempt.  It  is  customary  for  State  laws  to 
exempt  from  taxation  a  small  amount  of  personal  property, 
such  as  household  furniture  and  clothing. 

Real  Estate  and  Personal  Property.  —  The  term  personal 
property  just  used  includes  all  property  that  is  not  real 


TAXATION.  225 

estate ;  the  latter  term  covers  lands  and  buildings  merely. 
Under  the  former  term,  therefore,  we  include  not  only 
furniture,  clothing,  and  jewelry,  but  the  stock  of  goods 
owned  by  the  merchant  and  the  manufacturer,  the  horses 
and  cattle  of  the  farmer,  and  all  wagons,  carriages,  watches, 
and  bicycles.  Personal  property  also  includes  money,  and 
such  evidences  of  wealth  as  notes,  bonds,  stocks,  and 
mortgages.  Now,  it  is  a  matter  of  common  knowledge 
that  the  kinds  of  property  last  mentioned  are  frequently 
omitted  from  the  tax  roll,  either  because  the  assessors  do 
not  make  an  effort  to  find  them  or  because  the  owner  con- 
ceals them  or  denies  their  existence.  When  this  is  true, 
great  injustice  is  caused,  for  if  one  citizen  fails  to  pay  his 
just  taxes,  the  burden  which  he  should  bear  falls  upon  his 
neighbors ;  they  must  pay  more  because  he  has  paid  less. 
This  is  a  great  evil  in  the  tax  systems  of  most  States. 
Consequently,  the  utmost  power  of  government  should  be 
used  to  compel  the  assessment  of  all  kinds  of  property 
that  are  not  exempt. 

All  persons  share  in  the  benefits  of  our  government,  but 
not  all  pay  taxes ;  for  the  number  who  have  no  taxable 
property  whatever  is  very  large.  Yet  we  must  remember 
that  the  renter  of  real  estate  pays  the  taxes  on  the  prop- 
erty he  occupies  when  he  pays  the  rent;  for  if  the  property 
were  exempt  from  taxation,  the  rate  of  rent  would  be  lower. 
The  merchant,  also,  asks  larger  profits  on  his  goods,  so  that 
he  will  be  able  to  pay  his  taxes.  In  these  ways  the  burden 
is  shifted  in  some  measure  to  those  who  seem  to  escape 
taxation.  Yet  it  cannot  be  denied  that  the  property 
tax  as  a  rule  bears  more  heavily  upon  the  poor  than 
upon  the   rich,    for  the   former   are   not  so  able  to  pay 

Q 


226  STATE    GOVERNMENTS. 

the  few  dollars  required  of  them  as  the  latter  are  to  pay 
their  hundreds. 

Inheritance  and  Income  Taxes.  —  For  this  reason,  numer- 
ous States  have  enacted  inheritance  tax  laws.  Inherited 
property,  if  above  a  certain  amount,  is  taxed ;  and  the  rate 
is  made  to  increase  as  the  amount  of  property  involved 
becomes  greater.  A  few  States  have  income  tax  laws, 
intended  especially  to  reach  those  persons  who  have  con- 
siderable incomes  but  little  property. 

Corporation  Taxes.  —  Corporations,  such  as  railroad  and 
insurance  companies,  are  sometimes  exempted  from  local 
assessment  and  are  taxed  upon  the  amount  of  their  prop- 
erty as  estimated  by  a  State  board  of  assessment ;  or  they 
may  be  taxed  upon  the  amount  of  their  annual  earnings. 

Other  Taxes.  —  A  poll  tax  is  one  that  is  payable  by  all 
male  persons  between  certain  ages,  except  such  as  are 
exempt.  Governments  derive  much  revenue  from  licenses 
and  from  fees  of  various  kinds.  Special  assessments  are 
levied  against  property  owners  when  a  local  government 
makes  improvements  that  enhance  the  value  of  their  prop- 
erty, as  by  the  paving  of  a  street. 

How  the  Government  borrows  Money.  —  When  a  govern- 
ment makes  a  large  expenditure  for  some  permanent  im- 
provement, it  is  wise  to  spread  the  taxation  thus  made 
necessary  over  a  long  period  of  time.  So  bonds  are 
issued.  These  are  merely  promises  to  pay  the  money 
that  is  thus  borrowed  at  a  certain  time,  with  interest. 
The  bonds  are  generally  made  to  fall  due  at  intervals  of 
one  or  more  years,  so  that  the  tax  levy  of  a  single  year 


TAXATION.  227 

may  not  be  unduly  increased.  Great  abuses  are  liable  to 
occur  in  connection  with  the  contraction  of  debts,  because 
legislative  bodies  of  all  kinds  are  easily  persuaded  to  bor- 
row excessive  sums  of  money.  State  constitutions  often 
contain  limitations  upon  the  power  of  the  State  and  the 
local  governments  to  borrow  money,  and  in  many  instances 
a  special  vote  of  the  people  is  required  before  the  power 
can  be  exercised.  We  should  remember  that  to  borrow  is 
merely  to  postpone,  not  to  avoid  taxation ;  and  that  the 
businesslike  method  of  conducting  government  finances 
is  to  provide  for  each  year's  expenses  in  the  tax  levy ;  a 
reasonable  exception  to  this  being  found  in  the  case  of 
extensive  public  improvements,  the  benefits  of  which  are 
to  be  spread  over  considerable  periods  of  time. 

SUPPLEMENTARY   QUESTIONS. 

Taxation  in  your  State. 

1 .  Who  make  assessments  of  property  ?    Do  they  assess  at  full  value  ? 

2.  What  boards  of  review  or  equalization  are  there  ? 

3.  Who  collects  taxes  ?     What  fees  does  he  receive  ? 

4.  What  kinds  of  property  are  exempt  from  taxation  ?     Why,  in  each 

case  ? 

5.  Does  intangible  personal  property  (notes,  bonds,  and  mortgages) 

escape  taxation  ? 

6.  What  other  kinds  of  taxes  are  employed,  besides  the  property  tax, 

to  support  the  State  and  local  governments? 

7.  What  limitations,  on   the   contraction   of   debts    by   governments, 

are  fixed  in  your  State  constitution  and  laws  ? 

8.  What  is  the  rate  of  taxation  in  your  locality  ?     How  was  it  calcu- 

lated?   How  much  were  the  taxes  of  a  man  whose  property  was 
valued  at  $2500? 

QUESTIONS    FOR   DISCUSSION. 
1.   Why  do  people  look  upon  taxes  as  a  great  evil? 


228  STATE   GOVERNMENTS. 

2.  Who  suffers  injustice  when  property  is  concealed  from  the  asses- 

sor?    How  should  this  be  regarded  by  good  citizens? 

3.  Is  the  income  tax  fairer  than  the  property  tax  ? 

REFERENCES. 

1.  General  Accounts,  Bryce,  Vol.  I,  Chapter  43  ;   Ashley,  The  Ameri- 

can Federal  State,  478-481;   Holt,  Talks  on  Civics,  Chapter  31. 

2.  Taxation  Reform,  Arena,  23  :  485-491;   25:  499-506. 

3.  Taxation  of  Mortgages,  Outlook,  66  :  728-729. 


CHAPTER   XXV. 

JUDICIAL   TRIALS. 

Courts  and  their  Officers.  —  The  system  of  courts  existing 
in  a  State  constitutes  the  judicial  department  of  its  govern- 
ment. Every  court  has  one  or  more  judges,  and  for  the 
trial  of  most  cases  juries  are  necessary  as  well.  The  police 
officers,  such  as  constables,  sheriffs,  policemen,  and  mar- 
shals, are  also  officers  of  the  court.  They  bring  into  court 
those  who  are  accused  of  violating  the  law,  and  they  carry 
out  the  court's  orders  during  the  progress  of  the  trial  and 
at  the  close  when  the  questions  involved  in  the  case  are 
decided.  So  the  process  of  arrest,  which  we  have  learned 
of  in  previous  chapters  as  an  important  function  of  police 
officers,  is  but  the  first  step  in  the  determining  of  justice. 

The  Complaint  and  the  Warrant.  —  Before  a  person  who 
is  thought  to  have  committed  a  crime  can  be  arrested,  a 
formal  complaint  must  be  made  and  sworn  to  by  an  officer 
or  by  the  injured  party.  When  this  is  done,  a  warrant  of 
arrest  is  issued  by  a  judge  or  a  justice  of  the  peace.  It  is 
true  that  a  suspicious  person  or  an  offender  who  is  caught 
in  the  act  may  be  temporarily  detained  by  a  police  officer 
without  a  warrant;  but  he  cannot  be  held  for  a  longer 
time  unless  a  complaint  or  accusation  is  made  against  him 
which  states  in  precise  terms  the  offense  with  which  he  is 

229 


230  STATE    GOVERNMENTS. 

charged.  Furthermore,  this  accusation  cannot  be  lightly 
made,  for  the  law  punishes  severely  the  making  of  sworn 
statements  of  any  kind  which  have  little  or  no  basis  in 
fact. 

Why  the  Law  is  not  Enforced.  —  May  we  not  find  here 
the  reason  why  so  many  offenses  go  unpunished  ?  If 
police  officers  are  negligent,  they  may  fail  to  find  sufficient 
evidence  upon  which  to  make  a  complaint  in  legal  form. 
Citizens  who  are  busily  engaged  in  private  pursuits  dislike 
to  search  out  violators  of  the  law  unless  their  private  in- 
terests suffer  injury.  Consequently,  offenses  against  good 
order  and  decency  are  overlooked  in  many  instances. 
That  such  offenses  are  committed  may  be  a  matter  of 
common  knowledge ;  but  the  apathy  of  public  officers  and 
the  indifference  of  citizens,  and  the  dislike  of  all  persons 
to  be  brought  publicly  into  connection  with  such  matters  — 
any  or  all  of  these  conditions  may  account  for  the  lack  of 
a  complaint  upon  which  a  warrant  of  arrest  may  be  issued. 

Holding  the  Prisoner  for  Trial.  —  When  a  supposed  of- 
fender has  been  arrested,  either  one  of  two  processes  may 
follow,  (i)  If  the  offense  charged  is  slight,  he  may  be 
tried  at  once  in  a  local  court ;  that  is,  before  the  justice  of 
peace  in  a  town  or  a  village,  or  the  police  justice  of  a  city. 
(2)  In  more  serious  cases  he  must  be  tried  in  the  principal 
court  of  the  county,  known  as  the  circuit,  or  district,  court, 
or  the  court  of  common  pleas.  Now,  this  court  may  not 
be  in  session  at  the  time  of  the  arrest,  and  some  means 
must  be  found  for  judging  whether  there  is  sufficient  evi- 
dence against  the  prisoner  to  justify  holding  him  for  trial. 
For  if  persons  could  be  held  for  several  weeks  or  months 


JUDICIAL   TRIALS.  231 

upon  the  basis  of  a  complaint  merely,  great  injustice  might 
frequently  result.  So  the  accused  is  examined  before  a 
local  court ;  and  if  there  are  good  grounds  for  believing 
that  he  is  guilty,  he  is  held  until  the  session  of  court 
occurs.  He  may  be  imprisoned,  or  he  may  be  released 
on  bail.  His  friends  who  sign  his  bail  bond  agree  to  for- 
feit a  certain  sum  of  money  if  he  does  not  present  himself 
in  court  at  the  time  fixed  for  his  trial. 

The  Work  of  the  Grand  Jury.  —  The  formal  indictment 
of  the  prisoner  is  made  by  the  grand  jury,  a  body  of  men 
before  whom  the  evidence  is  presented  by  the  public 
prosecutor  or  district  attorney.  The  grand  jury,  which 
is  composed  of  citizens  chosen  by  lot,  holds  its  sessions 
regularly  and  also  upon  special  calls  issued  by  a  judge. 
This  body  sits  in  secret  and  decides  whether  persons  who 
have  been  arrested  by  the  process  described  above  shall 
submit  to  trial.  It  may  take  several  courses  of  action. 
(1)  A  prisoner  may  be  held  for  trial,  i.e.,  indicted;  or  he 
may  be  released  if  the  grand  jury  thinks  a  mistake  has 
been  made  in  his  arrest  and  detention.  (2)  It  is  the  duty 
of  the  grand  jury  to  consider  evidence  that  the  prosecuting 
attorney  may  present  to  it  against  any  one  suspected  of 
crime  who  may  not  have  been  arrested.  (3)  The  grand 
jury  may  of  its  own  accord  proceed  to  collect  evidence  by 
summoning  witnesses,  and  thus  they  may  ferret  out  viola- 
tors of  the  law  against  whom  no  accusation  has  been  made. 
We  thus  see  the  importance  of  the  grand  jury.  The  work 
of  the  prosecuting  attorney  is  also  important,  because  the 
enforcement  of  the  law  and  the  punishment  of  its  violators 
depend  to  a  great  extent  upon  the  energy  and  integrity  of 


232 


STATE    GOVERNMENTS. 


this  officer,  and  also  because  he  is  the  attorney  who  repre- 
sents the  interests  of  the  people  in  all  criminal  cases. 

In  a  few  States  the  grand  jury  is  dispensed  with  in  ordinary  cases. 
An  accused  person  is  given  a  preliminary  examination  before  a  local 
justice  to  determine  whether  he  shall  be  held  for  trial.  Great  care 
should  be  taken  to  distinguish  the  preliminary  processes  which  have 
been  described  from  the  actual  trial  which  follows. 

The  Process  of  Jury  Trial.  —  For  the  trial  of  all  the  cases 
that  are  to  be  decided  during  a  certain  session  of  a  court, 
there  is  summoned  a  list  of  petit  jurors. 

The  petit  jurors  must  all  be  in  attendance  during  this 
session  of  the  court.  From  them  a  trial  jury  of  twelve 
persons  is  selected  for  each  case.  Jurors  are  summoned 
to  court  by  a  legal  writ  called  a  venire,  and  witnesses  are 
summoned  by  another  writ  called  a  subpoena.  The  taking 
of  evidence  is  followed  by  arguments  or  pleas  made  by 
the  attorneys.  At  their  close  the  judge  delivers  a  charge, 
instructing  the  jury  concerning  the  law  involved  in  the 
case.  The  jury  then  retires  to  deliberate  in  secret,  and 
when  it  reaches  an  agreement  renders  its  verdict.  The 
judgment  of  the  court,  discharging  the  accused  if  he  is 
found  innocent,  or  fixing  his  punishment  if  guilty,  is  car- 
ried into  execution  by  a  police  officer. 

The  Rights  of  Accused  Persons.  —  During  the  course  of 
the  trial  the  accused  person  is  protected  in  all  possible 
ways  from  injustice;  the  trial  must  be  conducted  upon  the 
assumption  that  he  is  innocent,  and  his  guilt  must  be 
proved  beyond  a  reasonable  doubt.  The  Bill  of  Rights  in 
a  State  constitution  provides  in  various  ways  against  the  mis- 
carriage of  justice.     The  accused  person  is  guaranteed  a 


JUDICIAL    TRIALS.  J33 

speedy  trial  before  an  impartial  jury;  he  may  have 
witnesses  in  his  favor,  and  the  government  will  employ 
an  attorney  for  him,  if  he  cannot  do  this  for  himself. 
These  requirements  are  made  not  merely  that  justice  may 
be  done  in  each  case,  but  also  because  it  is  better  that 
many  guilty  persons  should  escape  than  that  one  who  is 
innocent  should  be  punished.  Still  another  reason  why 
the  rights  of  accused  persons  are  guarded  is  because 
there  is  greater  assurance  that  the  guilty  will  receive  the 
punishment  they  deserve,  if  their  rights  are  protected  in  a 
reasonable  way. 

Criminal  Cases.  —  So  far  we  have  dealt  only  with  crimi- 
nal cases.  Here  it  is  considered  that  besides  the  injury 
that  may  have  been  done  to  a  particular  person,  the  public 
has  also  suffered  through  the  violation  of  its  peace  and 
good  order.  Hence  criminal  cases  are  begun  by  a  public 
officer,  the  prosecuting  attorney ;  for  the  public,  as  well  as 
the  injured  party,  is  plaintiff.  The  prisoner  is  the  defend- 
ant in  the  case.  These  facts  are  illustrated  in  cases  aris- 
ing when  robbery  or  murder  has  been  committed,  when 
public  money  has  been  stolen,  or  when  the  public's  sense 
of  decency  is  shocked  by  disturbances  of  the  peace. 

Civil  Cases.  —  At  this  point  we  may  notice  the  difference 
between  criminal  and  civil  cases.  In  the  latter  the  public 
is  not  ordinarily  a  party.  The  plaintiff  sues  the  defendant 
for  the  recovery  of  property,  or  for  the  recovery  of  a  right 
of  which  he  claims  to  be  deprived.  Thus  we  have  suits 
involving  the  ownership  of  property,  the  payment  of 
wages,  the  settlement  of  debts,  and  the  fulfillment  of  the 
many  kinds  of  contracts.     These  are  suits  arising  out  of 


234 


STATE    GOVERNMENTS. 


differences  between  individuals.  The  government  may, 
however,  sue  an  individual  or  a  corporation ;  and,  on  the 
other  hand,  the  government  may  be  sued  by  them.1  These 
also  are  civil  cases,  and  in  the  trial  of  them  the  public 
attorney  is  lawyer  for  the  government. 

Jury  trials  are  customary  in  civil  cases;  but  many 
times,  when  merely  legal  questions  are  in  dispute,  the 
judge  alone  decides  the  case.  The  parties  to  a  civil  case 
may  agree  to  dispense  with  a  jury. 

Defects  of  the  Jury  System.  —  The  question  has  some- 
times been  asked  whether  a  system  under  which  cases 
would  be  heard  and  decided  by  a  bench  of  several  judges 
would  not  be  more  satisfactory  than  our  present  jury 
system.  It  cannot  be  denied  that  the  administration  of 
justice  by  means  of  a  jury  is  often  very  faulty.  One  of 
the  reasons  for  this  is  found  in  the  difficulty  of  securing 
men  who  are  thoroughly  qualified  to  serve  as  jurors. 
Several  difficulties  may  be  noticed,  (i)  In  the  first  place, 
a  great  number  of  intelligent  men  are  exempt  from  jury 
duty.  (2)  Then,  too,  the  power  of  preparing  the  lists 
from  which  petit  jurors  are  drawn  is  often  placed  with 
local  officers  who  exercise  it  corruptly;  men  are  chosen 
for  political  reasons,  or  under  the  influence  of  powerful 
attorneys  or  the  parties  to  important  suits.  (3)  Again, 
the  most  intelligent  men  on  the  list  of  petit  jurors  may  be 
excluded  from  the  trial  jury  of  an  important  case  on  the 
ground  that  they  have  formed  an  opinion  of  the  matter  to 
be  tried.      (4)  Attorneys  are  allowed  to  challenge,  either 

1  See  p.  160,  where  Amendment  XI  to  the  United  States  Constitution  is 
noted  as  an  exception  to  this  statement. 


JUDICIAL    TRIALS.  235 

with  or  without  the  statement  of  a  cause  or  reason,  the  men 
whom  they  do  not  wish  to  see  on  the  jury  for  a  certain  case. 
This  serves  to  protect  their  clients  against  jurors  who  are 
prejudiced  ;  it  is  also  a  means  of  so  constituting  juries  that 
they  may  be  easily  influenced  by  skillful  attorneys.  (5) 
Finally,  justice  is  sometimes  defeated  by  the  downright 
bribery  of  jurors  —  a  crime  of  the  most  serious  nature. 

In  enumerating  the  reasons  why  jurors  are  sometimes 
incompetent,  it  must  be  said  that  too  often  the  most  capa- 
ble men  shirk  jury  duty  ;  they  begrudge  the  sacrifice  of  time 
that  it  involves,  and  they  give  both  good  and  poor  reasons 
why  they  should  be  excused  from  jury  service.  Thus  are 
made  possible  many  of  the  evils  that  we  have  noticed  in 
the  selection  of  jurymen. 

Advantages  of  the  Jury  System.  —  In  spite  of  the  many 
faults  that  appear  in  the  workings  of  the  jury  system,  its 
place  in  our  government  is  stable,  for  it  is  founded  upon 
important  principles.  Some  arguments  in  its  favor  may 
be  mentioned  :  (1)  This  system  insures  publicity  in  the 
proceedings  of  trials,  and  publicity  is  always  a  deadly 
enemy  of  bad  government.  (2)  Again,  juries  decide  the 
facts  in  suits  at  law,  while  the  judge  decides  points  of  law. 
In  the  performance  of  their  duty,  then,  the  jury  must 
exercise  that  "common  sense"  which  is  at  the  foundation 
of  all  justice.  The  plain  judgment  of  one's  equals,  though 
it  may  err  in  some  cases,  is,  "  in  the  long  run,"  a  safer 
guide  than  the  judgment  of  any  individual  or  any  class. 
This  idea  is  fundamental  in  a  democracy. 

Cases  may  be  Appealed.  —  Every  State  has  several  grades 
of  courts,  the  lower  ones  being  for  the  consideration   of 


236  STATE   GOVERNMENTS. 

unimportant  cases.  Under  certain  conditions  cases  may 
be  appealed  from  lower  to  higher  courts  on  the  claim  made 
by  the  losing  party  that  an  error  has  been  committed  in 
the  trial.  At  the  head  of  the  judicial  system  is  a  Supreme 
Court,  or  a  Court  of  Appeals,  which  makes  final  decisions 
in  cases  arising  under  the  State  laws  and  constitution  that 
have  been  appealed  to  it  from  the  lower  courts. 

SUPPLEMENTARY   QUESTIONS. 

The  judicial  system  of  your  State. 

1.  Make  a  list  of  the  State  courts  under  the  following  heads  :  — 

Courts.        Number  of  Judges.        Term  of  Office.    |    Jurisdiction.1 

2.  How  is  the  grand  jury  composed,  and  how  is  it  chosen?     When 

are  its  sessions  held  ? 

3.  How  are  petit  and  trial  juries  selected? 

4.  What  fees  are  paid  to  witnesses  and  to  jurymen  ? 

5.  Make  a  list  of  the  rights  guaranteed  to  accused  persons  by  your 

constitution. 

6.  What  is  the  meaning  of  the  following  terms :  perjury,  change  of 

venue,  cross-examination,  search  warrant  ? 

7.  Obtain  blank  forms  for  complaint,  warrant  of  arrest,  search  warrant, 

venire,  subpoena. 

8.  Compare  our  trial  methods  with  those  practiced  in  Russia. 

9.  What  is  the  citizen's  duty  in  connection  with  jury  service  ? 

REFERENCES. 

1.  What  changes  have  been  made  in  our  judicial  systems?     Bryce, 

Vol.  I,  483-489  (504-511)- 

2.  What  are  the  benefits  of  jury  duty?     Century  Mag.,  59  :  802. 

1  In  learning  of  a  court's  jurisdiction,  we  ask  —  What  cases  may  come  before 
*  for  trial  ?     (See  your  State  constitution.) 


CHAPTER   XXVI. 
PUBLIC   SCHOOL   SYSTEMS. 

The  Purpose  of  Public  Education.  —  In  our  country, 
schools  arc  supported  at  public  expense  because  we  believe 
that  it  is  the  duty  of  the  government  to  furnish  to  every 
young  citizen  the  opportunity  for  an  education ;  and  also 
because  we  believe  no  less  thoroughly  that  it  is  the  duty  of 
every  citizen  to  obtain  an  education.  These  principles  are 
seen  to  be  supported  by  the  soundest  reason,  when  we  con- 
sider the  nature  of  our  government  and  the  extent  to  which 
citizens  may  participate  in  governmental  affairs  ;  as,  for 
example,  in  elections  and  in  trials.  These  facts  make  it 
evident  that  the  character  of  our  government  depends  to 
a  great  degree  upon  the  intelligence  and  virtue  of  the 
people. 

Now,  it  is  not  entirely  necessary  that  in  order  to  become 
intelligent  and  virtuous  one  should  receive  an  education 
in  a  school ;  but  it  is  true  that  these  desirable  qualities  are 
best  fostered  among  the  mass  of  citizens  where  public  edu- 
cation is  most  available  and  most  earnestly  sought.  In  a 
measure,  therefore,  we  provide  free  public  education  as  a 
means  of  preserving  our  political  system  in  its  purity  ;  it  is 
no  less  true  that  the  soundness  of  all  social  and  industrial 
life  depends  upon   the  intelligence   of  the   people.     The 

237 


238  STATE   GOVERNMENTS. 

importance  which  we  attach  to  education  is  indicated  not 
only  by  the  fact  that  the  public  schools  are  free,  but  also 
by  the  existence  of  laws  in  the  States  compelling  the 
attendance  of  all  children  at  the  schools. 

The  District  and  Township  Systems.  —  Public  school 
systems  are  governed  largely  by  local  boards  and  officers. 
There  are  three  types  of  school  organization,  according  as 
the  district,  the  township,  or  the  county  is  made  the  unit 
of  school  government.  School  districts  are  generally  divi- 
sions of  towns,  and  in  rural  communities  they  frequently 
include  within  their  limits  only  a  small  number  of  families. 
Where  these  conditions  prevail,  the  school  that  is  main- 
tained will,  in  most  cases,  be  poorly  equipped,  and  the 
teacher  will  be  paid  a  low  salary ;  as  a  consequence,  the 
grade  of  instruction  will  be  poor.  For  these  reasons,  it  is 
urged  that  the  township  should  be  the  unit  for  school 
government ;  then  fewer  schools  will  be  maintained,  and 
these  will  be  of  higher  grade.  In  many  instances  it  has 
been  found  a  saving  of  expense  to  abolish  small  rural 
schools  and  to  transport  pupils  to  central  township  schools. 

Local  School  Officers.  —  The  local  board  of  trustees  or 
commissioners  having  charge  of  school  affairs  is  composed 
of  officers  who  are  generally  elected  by  the  people.  In 
cities,  school  boards  are  sometimes  appointed.  These 
officers  build  and  maintain  schoolhouses,  employ  teachers, 
purchase  supplies,  and  have  general  oversight  of  the  finan- 
cial side  of  school  government. 

The  Selection  of  Teachers.  —  School  government  has  its 
professional  as  well  as  its  business  side,  and  the  former  is 


PUBLIC   SCHOOL   SYSTEMS.  239 

of  great  importance.  In  fact,  the  success  of  our  schools, 
from  an  educational  standpoint,  depends  much  more  upon 
the  skill  of  the  teachers  than  upon  the  equipment  that  may 
be  supplied  in  the  form  of  buildings,  libraries,  and  appa- 
ratus. Consequently,  the  selection  of  teachers  should  be 
made  with  a  view  to  their  qualifications,  and  not,  as  is  so 
frequently  the  case,  on  the  grounds  of  politics  or  personal 
friendship.  When  school  boards  select  teachers,  the  latter 
influence  sometimes  determines  their  choice.  In  cities, 
one  of  the  important  duties  of  superintendents  should  be 
the  selection  of  teachers  purely  on  their  merits. 

One  method  of  determining  the  qualifications  of  teachers 
is  by  examination  in  certain  branches  that  are  prescribed 
by  law.  Those  who  are  successful  in  passing  these  exam- 
inations obtain  certificates  entitling  them  to  teach.  The 
examining  authorities  are  city  and  county  superintendents, 
and  there  is  often  a  State  board  of  examiners  ;  or  the  State 
superintendent  or  the  board  of  education  may  perform  this 
function. 

Supervisory  Officers,  Local  and  State.  —  The  work  of  the 
schools  where  even  the  best  teachers  are  employed  may  be 
made  more  profitable  by  skillful  supervision.  All  cities 
have  school  superintendents,  and  county  superintendents 
perform  similar  duties  in  the  counties  of  most  States.  The 
State  superintendents  and  boards  of  education  exercise 
very  general  powers  of  this  nature,  but  their  powers  are, 
in  most  cases,  chiefly  advisory. 

The  Financial  Support  of  Common  Schools.  —  More  than 
$200,000,000  are  expended  annually  for  the  support  of  our 
public  school  systems.     This  money  is  derived  from  several 


240 


STATE   GOVERNMENTS. 


sources  :  (i)  The  greatest  part  is  raised  by  taxation  in  the 
local  units,  towns,  villages,  and  cities.  These  taxes  may 
be  voted  by  school  boards,  or  by  the  people  in  those  places 
where  school  district  meetings  are  held. 

(2)  Some  State  governments  raise  taxes  for  the  support 
of  schools  and  then  redistribute  the  money  among  the 
various  local  units  in  proportion  to  the  number  of  children 
of  school  age.  In  this  way  poorer  communities  receive 
aid  for  their  schools  from  taxes  that  are  raised  by  the 
richer  communities. 

(3)  Another  source  of  school  money  is  the  school  fund, 
which  is  found  particularly  in  the  Western  States.  A  fund 
is  a  sum  of  money  which  is  set  apart  for  a  particular  pur- 
pose. School  funds  in  the  Western  States  originate  in  the 
sale  of  lands  which  were  granted  to  the  States  by  the 
National  government  for  this  purpose.  The  States  ad- 
mitted into  the  Union  before  1848  received  section  16  (one 
square  mile)  of  each  township;1  since  1848,  new  States 
have  received  both  sections  16  and  36  in  every  township. 
These  immense  tracts  of  land  have  been  sold  by  the  States 
to  settlers  and  investors,  and  the  proceeds  constitute  the 
school  funds.  These  funds  are  not  expended,  but  are  loaned 
or  invested  in  such  a  way  as  to  bear  interest,  and  the  income 
derived  in  this  way  is  distributed  annually  among  the  com- 
mon schools.  Unfortunately,  school  land  was  sometimes 
carelessly  handled  by  the  State  authorities,  and  much  of  it 
was  sold  very  cheap  ;  so  the  school  funds  are  not  large, 
and  the  incomes  derived  from  them  do  not  go  far  toward 
supporting  the  public  schools. 

1  See  diagrams  and  explanation,  pp.  170-174. 


PUBLIC    SCHOOL   SYSTEMS.  24 1 

Illiteracy.  —  The  great  sum  expended  for  the  common  schools  is  not 
sufficient  to  reduce  the  percentage  of  illiteracy  in  the  United  States  10 
so  low  a  point  as  exists  in  several  European  countries ;  for  in  this 
country  fewer  persons  can  read  and  write,  in  proportion  to  the  total 
population,  than  in  Switzerland,  Scotland,  Holland,  England,  and 
France.1 

Secondary  Schools.  — We  have  so  far  considered  the  sys- 
tems of  elementary  schools  in  which  the  greatest  number 
of  American  citizens  secure  their  education.  Secondary 
or  high  schools  are  also  a  part  of  our  educational  systems, 
and  these  are  usually  under  the  control  of  the  same  au- 
thorities as  the  elementary  schools.  Technical  or  trade 
schools  are  becoming  more  common,  especially  in  cities. 

Higher  Education.  —  State  universities  are  found  in  numer- 
ous states  ;  these  are  supported  by  taxation  and  by  the  pro- 
ceeds derived  from  the  sale  of  lands  that  have  been  donated 
to  the  States  for  this  purpose  by  the  United  States  gov- 
ernment. The  National  government  also  makes  direct 
appropriations  of  money  to  the  States  that  maintain  agri- 
cultural and  technical  colleges.  Professional  schools,  such 
as  those  for  the  training  of  lawyers  and  doctors,  are  main- 
tained in  connection  with  some  State  universities.  It  is 
the  policy  of  many  States  to  encourage  the  improvement 
of  the  common  schools  by  the  support  of  normal  schools, 
in  which  teachers  are  educated  and  receive  professional 
training. 

SUPPLEMENTARY   QUESTIONS. 

The  school  system  of  your  State. 
1.    In  the  rural  districts,  is  the  unit  of  school  government  the  district, 
the  township,  or  the  county?     Which  plan  do  you  consider  the 
best? 

1  See  statistics  of  illiteracy  in  "Government  in  State  and  Nation,"  p.  92. 


242  STATE    GOVERNMENTS. 

2.  Is  there  a  county  superintendent  ?     If  so,  what  are  his  powers  and 

duties  ?     Is  he  appointed  or  elected  ? 

3.  What  is  the   authority  governing  the   school   systems   of  cities  ? 

How    do    the    officers    get    their    positions  ?      What    are    their 
powers  ? 

4.  How    is    the    State    department   of  education    constituted?      How 

much  real  authority  is  lodged  here  ?     Should  this  be  increased? 

5.  In  how  many  ways  may  teachers'  certificates  be  obtained  ?     What 

grades  of  certificates  are  there  ? 
€.    The  reports  issued  by  the  State  department  of  education  give  the 
amounts  of  money  raised  by  local  and  by  State  taxation  for  school 
purposes.      Here,  also,   may  be  learned  facts  about  the   school 
fund,  if  one  exists. 

REFERENCES. 

1.  Ashley,    The    American    Federal    State.  371-375-     Holt,  Talks  on 

Civics,  Chapter  28. 

2.  Politics  and  Public  Schools,  Atl.  Mo,,  87  :  433-447. 

3.  Consolidation  of  Schools,  Forum,  53  ■   103-108. 


APPENDIX   A 


CONSTITUTION 

OF   THE 

UNITED   STATES   OF   AMERICA 

We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the 
common  defense,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  granted  shall  be  vested  in  a 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and  a 
House  of  Representatives. 

Sect.  II.  i.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not.  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a 

243 


244  APPENDIX   A. 

term  of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other 
persons.  The  actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by 
law  direct.  The  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  State  shall  have  at  least  one  representa- 
tive ;  and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  three,  Massachusetts  eight, 
Rhode  Island  and  Providence  Plantations  one,  Connecticut  five,  New 
York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary- 
land six,  Virginia  ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  State, 
the  Executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
.  other  officers  ;  and  shall  have  the  sole  power  of  impeachment. 

Sect.  III.  1.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  legislature  thereof,  for 
six  years ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally,  as  may  be  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration 
of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth 
year,  so  that  one  third  may  be  chosen  every  second  year;  and  if 
vacancies  happen  by  resignation  or  otherwise,  during  the  recess  of  the 
legislature  of  any  State,  the  Executive  thereof  may  make  temporary 
appointments  until  the  next  meeting  of  the  legislature,  which  shall  then 
fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 


CONSTITUTION   OF   THE   UNITED   STATES.        245 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  President 
pro  tempore,  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside :  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit  under  the  United  States  :  but  the  party  con- 
victed shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judg- 
ment and  punishment,  according  to  law. 

Sect.  IV.  1.  The  times,  places  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in  each  State  by 
the  legislature  thereof  ;  but  the  Congress  may  at  any  time  by  law 
make  or  alter  such  regulations,  except  as  to  the  places  of  choosing 
Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

Sect.  V.  1.  Each  house  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  attendance  of 
absent  members,  in  such  manner,  and  under  such  penalties,  as  each 
house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and  with  the  concurrence  of  two 
thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without  the 


246  APPENDIX  A. 

consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sect.  VI.  i.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law  and  paid  out 
of  the  treasury  of  the  United  States.  They  shall  in  all  cases  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
durino-  their  attendance  at  the  session  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same ;  and  for  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  h«, 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  such  time ;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

Sect.  VII.  I.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the 
President  of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if 
not  he  shall  return  it  with  his  objections  to  that  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If  after  such  reconsideration  two  thirds 
of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered, and,  if  approved  by  two  thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.    Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 


CONSTITUTION   OF   THE    UNITED   STATES.        247 

question  of  adjournment)  shall  be  presented  to  the  President  of  the 
United  States ;  and  before  the  same  shall  take  effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  rules  and 
limitations  prescribed  in  the  case  of  a  bill. 
Sect.  VIII.     The  Congress  shall  have  power 

1 .  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defense  and  general  welfare  of  the 
United  States;  but  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States ; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States  ; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and  useful  arts  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries  ; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas  and  offences  against  the  law  of  nations ; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years ; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions  ; 

16.  To  provide  for  organizing,  aiming  and  disciplining  the  militia. 


24S  APPENDIX   A. 

and  for  governing  such  part  of  them  as  may  be  employed  in  the  sen-ice 
of  the  United  States,  reserving  to  the  States  respectively  the  appoint- 
ment of  the  officers,  and  the  authority  of  training  the  militia  according 
to  the  discipline  prescribed  by  Congre—  ; 

i~.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  Si  -.  and  the  acceptance  of  Congress,  become  the  seat 
of  government  of  the  United  States,  and  to  exercise  like  authority  over 
all  places  purchased  by  the  consent  of  the  legislature  of  the  State,  in 
v.  hich  the  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals. 
kyards,  ~nd  other  needful  buildings ;  —  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  foregoing  powers,  and  all  other  powers  vested 
by  this  Constitution  in  the  government  of  the  United  States,  or  in  any 
department  or  office  thereof. 

Sect.  IX.  i.  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit  shall  not  be  pro- 
hibited  by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight :  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  liabeas  corpus  shall  not  be  susper. 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  cavitation,  or  other  direct,  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  herein  before  directed  to  be  taken. 

5.  X:,  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6.  Xo  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  State  over  those  of  another:  nor  shall 
vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

7.  Xo  money  shall  be  drawn  from  the  treasury,  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  and  account  of 
the  receipts  and  expenditures  of  all  public  money  shall  be  publis 
from  time  to  time. 

8.  Xo  title  of  nobility  shall  be  granted  by  the  United  States  :  and  no 


CONSTITUTION   OF   THE  UNITED   STATES.        249 

person  holding  any  office  of  profit  or  trust  under  them,  shall,  without 
the  consent  of  the  Congress,  accept  of  any  present,  emolument,  office, 
or  title,  of  any  kind  whatever,  from  any  king,  prince,  or  foreign  state. 

Sect.  X.  1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills 
of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment 
of  debts ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws :  and  the  net  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  treasury  of  the  United  States  ;  and  all  such  laws  shall 
be  subject  to  the  revision  and  control  of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE   II. 

Section  I.  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  Vice-President,  chosen  for  the 
same  term,  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  Senators 
and  Representatives  to  which  the  State  may  be  entitled  in  the  Con- 
gress ;  but  no  Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  list  of  all  the 
persons  voted  for,  and  of  the  number  of  votes  for  each  ;  which  list  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  government  of 
the  United  States,  directed  to  the  President  of  the  Senate.     The  Presi- 


250  APPENDIX   A. 

dent  of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of  votes  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  there  be  more  than  one  who  have  such  majority,  and 
have  an  equal  number  of  votes,  then  the  House  of  Representatives  shall 
immediately  choose  by  ballot  one  of  them  for  President ;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the  list  the  said 
house  shall  in  like  manner  choose  the  President.  But  in  choosing  the 
President  the  votes  shall  be  taken  by  States,  the  representation  from 
each  State  having  one  vote ;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two  thirds  of  the  States,  and  a  majority 
of  all  the  States  shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  President,  the  person  having  the  greatest  number  of  votes 
of  the  electors  shall  be  the  Vice-President.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the  Senate  shall  choose  from  them 
by  ballot  the  Vice-President.] 

3.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall  be 
the  same  throughout  the  United  States. 

4.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible 
to  the  office  of  President ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

5.  In  case  of  the  removal  of  the  President  from  office  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion, or  inability,  both  of  the  President  and  Vice-President,  declaring 
what  officer  shall  then  act  as  President,  and  such  officer  shall  act  ac- 
cordingly, until  the  disability  be  removed,  or  a  President  shall  be 
elected. 

6.  The  President  shall,  at  stated  times,  receive  for  his  services,  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected,  and  he  shall  not  re- 


CONSTITUTION    OF   THE    UNITED    STATES.         25  I 

ceive  within  that  period  any  other  emolument  from  the  United  States, 
or  any  of  them. 

7.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation  :  —  "I  do  solemnly  swear  (or  affirm)  that 
I  will  faithfully  execute  the  office  of  President  of  the  United  States, 
and  will  to  the  best  of  my  ability,  preserve,  protect  and  defend  the 
Constitution  of  the  United  States." 

Sect.  II.  1.  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
states,  when  called  into  the  actual  service  of  the  United  States  ;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offenses  against  the  United  States,  except  in  cases  of  im- 
peachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  law :  but  the  Congress  may  by 
law  vest  the  appointment  of  such  inferior  officers,  as  they  think  proper,  in 
the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

Sect.  III.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient ;  he  may,  on 
extraordinary  occasions,  convene  both  houses,  or  either  of  them,  and 
in  case  of  disagreement  between  them,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper; 
he  shall  receive  ambassadors  and  other  public  ministers ;  he  shall  take 
care  that  the  laws  be  faithfully  executed,  and  shall  commission  all  the 
officers  of  the  United  States. 


252  APPENDIX   A. 

Sect.  IV.  The  President.  Vice-President  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeachment  for, 
and  conviction  of,  treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE   III. 

Section  I.  The  judicial  power  of  the  United  States,  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  Congress  may 
from  time  to  time  ordain  and  establish.  The  judges,  both  of  the 
Supreme  and  inferior  courts,  shall  hold  their  offices  during  good  be- 
havior, and  shall,  at  stated  times,  receive  for  their  services,  a  compen- 
sation, which  shall  not  be  diminished  during  their  continuance  in  office. 

Sect.  II.  I.  The  judicial  power  shall  extend  to  all  cases,  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made  or  which  shall  be  made,  under  their  authority  ; 

—  to  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls ;  —  to  all  cases  of  admiralty  jurisdiction;  —  to  controversies  to 
which  the  United  States  shall  be  a  party;  — to  controversies  between 
two  or  more  States  ;  —  between  a  State  and  citizens  of  another  State  ; 

—  between  citizens  of  different  States; — between  citizens  of  the  same 
State  claiming  lands  under  grants  of  different  States,  and  between  a 
State,  or  the  citizens  thereof,  and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned, the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions,  and  under  such  regulations  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
shall  have  been  committed ;  but  when  not  committed  within  any  State, 
the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

Sect.  III.  1.  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.     No  person  shall  be  convicted  of  treason  unless 


CONSTITUTION    OF   THE    UNITED    STATES-         253 

on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confes- 
sion in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood,  or 
forfeiture  except  during  the  life  of  the  person  attainted. 


ARTICLE   IV. 

Section  I.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State. 
And  the  Congress  may  by  general  laws  prescribe  the  manner  in  which 
such  acts,  records,  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

Sect.  II.  1.  The  citizens  of  each  State  shall  be  entitled  to  all  priv- 
ileges and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State,  shall 
on  demand  of  the  executive  authority  of  the  State  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  reg- 
ulation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

Sect.  III.  1.  New  States  may  be  admitted  by  the  Congress  into 
this  Union ;  but  no  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State;  nor  any  State  be  formed  by  the  junc- 
tion of  two  or  more  States,  or  parts  of  States,  without  the  consent  of 
the  legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  belong- 
ing to  the  United  States ;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State. 

Sect.  IV.     The  United  States  shall  guarantee  to  every  State  in  this 


254  APPENDIX    A. 

Union  a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  legislature,  or  of  the  exec- 
utive (when  the  legislature  cannot  be  convened)  against  domestic  vio- 
lence. 

ARTICLE   V. 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  States,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress  ;  provided  that  no  amend- 
ments which  may  be  made  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in 
the  ninth  section  of  the  first  article ;  and  that  no  State,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE   VI. 

1.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof;  and  all  treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land ;  and  the  judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  legislatures,  and  all  executive  and  judi- 
cial officers,  both  of  the  United  States  and  of  the  several  States,  shall 
be  bound  by  oath  or  affirmation,  to  support  this  Constitution ;  but  no 
religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 


CONSTITUTION    OF   THE    UNITED    STATES. 


-D? 


ARTICLE  VII. 

The  ratificafion  of  the  conventions  of  nine  States,  shall  be  sufficient 
for  the  establishment  of  this  Constitution  between  the  States  so  rati- 
fying the  same. 

Done  in  Convention  by  the  unanimous  consent  of  the  States  present, 
the  seventeenth  day  of  September  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  eighty-seven  and  of  the  Independence  of 
the  United  States  of  America  the  twelfth.  In  witness  whereof  we 
have  hereunto  subscribed  our  names. 


[Signed  by] 

New  Hampshire. 
John  Langdon, 
Nicholas  Gilman. 

Massachusetts. 
Nathaniel  Gorham, 
Rufus  King. 

Connecticut. 
Wm.  Saml.  Johnson, 
Roger  Sherman. 

New  York. 
Alexander  Hamilton. 

New  Jersey. 
Wil :  Livingston, 
David  Brearley, 
Wm :  Paterson, 
Jona :  Dayton. 


G°  Washington, 
Presidt  and  Deputy  fro?n   Virginia. 


Pennsylvania. 
B  Franklin, 
Thomas  Mifflin, 
Robt.  Morris. 
Geo.  Clymer, 
Tho.  Fitz  Simons, 
Jared  Ingersoll, 
James  Wilson, 
Gouv  Morris. 

Delaware. 
Geo :  Read, 
Gunning  Bedford, 

Jun, 
John  Dickinson, 
Richard  Bassett, 
Jaco :  Broom, 

Maryland. 


Virginia. 
John  Blair, 
James  Madison,  Jr. 

North  Carolina. 
Wm.  Blount, 
Richd.  Dobbs  Spaight, 
Hu  Williamson. 

South  Carolina. 
J.  Rutledge, 
Charles  Cotesworth 

Pinckney. 
Charles  Pinckney, 
Pierce  Butler. 

Georgia. 
William  Few, 
Abr  Baldwin. 


James  McHenry, 
Dan  of  St.  Thos. 

Jenifer, 
Danl  Carroll. 

Attest :  William  Jackson,  Secretary. 


256  APPENDIX   A. 

Articles  in  Addition  to  and  Amendment  of  the  Constitution 
of  the  United  States  of  America,  Proposed  by  Congress, 
and  Ratified  by  the  Legislatures  of  the  Several  States, 
pursuant  to  the  fifth  article  of  the  original  constitu- 
TION. 

Article  I.  —  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging 
the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government  for  a  redress  of 
grievances. 

Article  II. —  A  well-regulated  militia,  being  necessary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms, 
shall  not  be  infringed. 

Article  III.  —  No  soldier  shall,  in  time  of  peace  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in 
a  manner  to  be  prescribed  by  law. 

Article  IV.  —  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrants  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

Article  V.  —  No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  danger ;  nor  shall 
any  person  be  subject  for  the  same  offense  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  wit- 
ness against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law ;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation. 

Article  VI.  —  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed,  which  dis- 
trict shall  have  been  previously  ascertained  by  law,  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation ;  to  be  confronted  with  the 


CONSTITUTION    OF   THE   UNITED    STATES. 


O/ 


witnesses  against  him ;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  assistance  of  counsel  for  his  defense. 

Article  VII.  — In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury  shall  be  otherwise  reexamined  in 
any  court  of  the  United  States,  than  according  to  the  rules  of  the  com- 
mon law. 

Article  VIII.  —  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Article  IX. — The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage  others  retained  by 
the  people. 

Article  X.  —  The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

Article  XI.  —  The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced  or  prose- 
cuted against  one  of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  state. 

Article  XII.  —  i.  The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  President  and  Vice-President,  one  of  whom,  at 
least,  shall  nqt  be  an  inhabitant  of  the  same  State  with  themselves ; 
they^hall  name  in  their  ballots  the  person  voted  for  as  President,  and 
in  distinct  ballots  the  person  voted  for  as  Vice-Presjdent,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President,  and  of  all  per- 
sons voted  for  as  Vice-President,  and  of  the  number  of  votes  for  each, 
which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  government  of  the  United  States,  directed  to  the  President  of 
the  Senate;  — the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted  ;  —  the  person  having  the  greatest  number 
of  votes  for  President  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed  ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately,  by  ballot,  the 
s 


258  APPENDIX   A. 

President.  But  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote ;  a  quonim 
for  this  purpose  shall  consist  of  a  member  or  members  from  two  thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose  a  Presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then  the  Vice-President  shall  act  as 
President,  as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President.  —  The  person  having  the  greatest  number  of  votes 
as  Vice-President,  shall  be  the  Vice-President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed,  and  if  no  person 
have  a  majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  two  thirds  of  the  whole  number  of  Senators,  and  a  majority 
of  the  whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall  be  eligible  to 
that  of  Vice-President  of  the  United  States. 

Article  XIII. — Section  1.  Neither  slavery  nor  involuntary  servi- 
tude, except  as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Article  XIV.  — "Section  1.  All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No  State  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States  ;  nor  shall  any  State  deprive  any  person 
of  life,  liberty,  or  property,  without  due  process  of  law  ;  nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  State,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of  Electors  for  President 
and  Vice-President  of  the  United  States,  Representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  State,  or  the  members  of  the 


C«»IYI¥WTI«I   tr   TIE   ¥*IVE»    itfATlS.        259 

legislature  thereof,  is  denied  to  any  of  the  male  inhabitants  of  such 
State,  being  twenty-one  years  of  age  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  pro- 
portion which  the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  Elector  of  President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any  State, 
who,  having  previously  taken  an  oath,  as  a  member  of  Congress,  or  as 
an  officer  of  the  United  States,  or  as  a  member  of  any  State  legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to  support  the  Con- 
stitution of  the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  Congress  may  by  a  vote  of  two  thirds  of  each  house, 
remove  such  disability. 

Section  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insurrection  or  rebellion,  shall 
not  be  questioned.  But  neither  the  United  States  nor  any  State  shall 
assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the  loss  or  emanci- 
pation of  any  slave ;  but  all  such  debts,  obligations,  and  claims  shall  be 
held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to  enforce  by  appropriate 
legislation  the  provisions  of  this  article. 

Article  XV. — Section  1.  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the  United  States  or 
any  State  on  account  of  race,  color,  or  previous  condition  of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  articie  by 
appropriate  legislation. 


*t    1    V  ff?       !''«••«      *v      ft* 


APPENDIX   B 

ARTICLES    OF   CONFEDERATION 

Articles  of  Cofifederation  and  Perpetual  Union  between  the  States  of 
New  Hampshire.,  Massachusetts  Bay,  Rhode  Island  and  Provide?ice 
Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia. 

Article  I.  —  The  style  of  this  Confederacy  shall  be,  "The  United 
States  of  America." 

Art.  II.  —  Each  State  retains  its  sovereignty,  freedom,  and  inde- 
pendence, and  every  power,  jurisdiction,  and  right,  which  is  not  by  this 
Confederation  expressly  delegated  to  the  United  States  in  Congress 
assembled. 

Art.  III.  —  The  said  States  hereby  severally  enter  into  a  firm  league 
of  friendship  with  each  other,  for  their  common  defense,  the  security  of 
their  liberties,  and  their  mutual  and  general  welfare,  binding  themselves 
to  assist  each  other  against  all  force  offered  to,  or  attacks  made  upon 
them,  or  any  of  them,  on  account  of  religion,  sovereignty,  trade,  or  any 
other  pretense  whatever. 

Art.  IV. — The  better  to  secure  and  perpetuate  mutual  friendship 
and  intercourse  among  the  people  of  the  different  States  in  this  Union, 
the  free  inhabitants  of  each  of  these  States,  paupers,  vagabonds,  and 
fugitives  from  justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  States ;  and  the  people  of 
each  State  shall  have  free  ingress  and  egress  to  and  from  any  other 
State,  and  shall  enjoy  therein  all  the  privileges  of  trade  and  commerce 
subject  to  the  same  duties,  impositions,  and  restrictions  as  the  inhabit- 
ants thereof  respectively;   provided   that  such   restrictions   shall  not 

260 


ARTICLES   OF   CONFEDERATION.  261 

extend  so  far  as  to  prevent  the  removal  of  property  imported  into  any 
State  to  any  other  State  of  which  the  owner  is  an  inhabitant ;  provided 
also,  that  no  imposition,  duties,  or  restriction  shall  be  laid  by  any  State 
on  the  property  of  the  United  States  or  either  of  them.  If  any  person 
guilty  of,  or  charged  with,  treason,  felony,  or  other  high  misdemeanor 
in  any  State  shall  flee  from  justice  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governor  or  executive  power  of 
the  States  from  which  he  fled,  be  delivered  up  and  removed  to  the  State 
having  jurisdiction  of  his  offense.  Full  faith  and  credit  shall  be  given 
in  each  of  these  States  to  the  records,  acts,  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  State. 

Art.  V.  —  For  the  more  convenient  management  of  the  general  in- 
terests of  the  United  States,  delegates  shall  be  annually  appointed  in 
such  manner  as  the  Legislature  of  each  State  shall  direct,  to  meet 
in  Congress  on  the  first  Monday  in  November  in  every  year  with  a 
power  reserved  to  each  State  to  recall  its  delegates,  or  any  of  them,  at 
any  time  within  the  year,  and  to  send  others  in  their  stead  for  the 
remainder  of  the  year.  No  State  shall  be  represented  in  Congress  by 
less  than  two,  nor  by  more  than  seven  members ;  and  no  person  shall 
be  capable  of  being  a  delegate  for  more  than  three  years  in  any  term 
of  six  years  ;  nor  shall  any  person,  being  a  delegate,  be  capable  of  hold- 
ing any  office  under  the  United  States  for  which  he,  or  another  for  his 
benefit,  receives  any  salary,  fees,  or  emolument  of  any  kind.  Each 
State  shall  maintain  its  own  delegates  in  any  meeting  of  the  States  and 
while  they  act  as  members  of  the  Committee  of  the  States.  In  deter- 
mining questions  in  the  United  States  in  Congress  assembled,  each 
State  shall  have  one  vote.  Freedom  of  speech  and  debate  in  Congress 
shall  not  be  impeached  or  questioned  in  any  court  or  place  out  of  Con- 
gress ;  and  the  members  of  Congress  shall  be  protected  in  their  persons 
irom  arrest  and  imprisonment  during  the  time  of  their  going  to  and 
from,  and  attendance  on,  Congress,  except  for  treason,  felony,  or  breach 
of  the  peace. 

Art.  VI.  — No  State,  without  the  consent  of  the  United  States,  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conference,  agreement,  alliance,  or  treaty  with 
any  king,  prince,  or  state ;  nor  shall  any  person  holding  any  office  of 


262  APPENDIX  B. 

profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever  from  anj.  king, 
prince,  or  foreign  state  ;  nor  shall  the  United  States,  in  Congress  assem- 
bled, or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confederation,  or 
alliance  whatever  between  them,  without  the  consent  of  the  United 
States,  in  Congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  State  shall  lay  any  imposts  or  duties  which  may  interfere  with 
any  stipulations  in  treaties  entered  into  by  the  United  States,  in  Con- 
gress assembled,  with  any  king,  prince,  or  state,  in  pursuance  of  any 
treaties  already  proposed  by  Congress  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any  State, 
except  such  number  only  as  shall  be  deemed  necessary  by  the  United 
States,  in  Congress  assembled,  for  the  defense  of  such  State  or  its 
trade,  nor  shall  any  body  of  forces  be  kept  up  by  any  State  in  time  of 
peace,  except  such  number  only  as,  in  the  judgment  of  the  United 
States,  in  Congress  assembled,  shall  be  deemed  requisite  to  garrison 
the  forts  necessary  for  the  defense  of  such  State;  but  every  State  shall 
always  keep  up  a  well-regulated  and  disciplined  militia,  sufficiently 
armed  and  accoutered.  and  shall  provide  and  constantly  have  ready  for 
use  in  public  stores  a  due  number  of  field-pieces  and  tents,  and  a  proper 
quantity  of  arms,  ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the  United 
States,  in  Congress  assembled,  unless  such  State  be  actually  invaded 
by  enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  State,  and  the  danger 
is  so  imminent  as  not  to  admit  of  a  delay  till  the  United  States,  in  Con- 
gress assembled,  can  be  consulted ;  nor  shall  any  State  grant  commissions 
to  any  ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal,  except 
it  be  after  a  declaration  of  war  by  the  United  States,  in  Congress 
assembled,  and  then  only  against  the  kingdom  or  state,  and  the  subjects 
thereof,  against  which  war  has  been  so  declared,  and  under  such  regula- 
tions as  shall  be  established  by  the  United  States,  in  Congress  assem- 
bled, unless  such  State  be  infested  by  pirates,  in  which  case  vessels  of 
war  may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger 


ARTICLES   OF   CONFEDERATION.  263 

shall  continue,  or  until  the  United  States,  in  Congress  assembled,  shall 
determine  otherwise. 

Akt.  VII.  — When  land  forces  are  raised  by  any  State  for  the  com- 
mon defense,  all  officers  of  or  under  the  rank  of  Colonel  shall  be 
appointed  by  the  Legislature  of  each  State  respectively  by  whom  such 
forces  shall  be  raised,  or  in  such  manner  as  such  State  shall  direct,  and 
all  vacancies  shall  be  filled  up  by  the  State  which  first  made  the 
appointment. 

Art.  VIII.  —  All  charges  of  war,  and  all  other  expenses  that  shall 
be  incurred  for  the  common  defense,  or  general  welfare,  and  allowed  by 
the  United  States,  in  Congress  assembled,  shall  be  defrayed  out  of  a 
common  treasury,  which  shall  be  supplied  by  the  several  States  in  pro- 
portion to  the  value  of  all  land  within  each  State,  granted  to,  or  sur- 
veyed for,  any  person,  as  such  land  and  the  buildings  and  improvements 
thereon  shall  be  estimated,  according  to  such  mode  as  the  United  States, 
in  Congress  assembled,  shall,  from  time  to  time,  direct  and  appoint. 
The  taxes  for  paying  that  proportion  shall  be  laid  and  levied  by  the 
authority  and  direction  of  the  Legislatures  of  the  several  States,  within 
the  time  agreed  upon  by  the  United  States,  in  Congress  assembled. 

Art.  IX.  —  The  United  States,  in  Congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace  and 
war,  except  in  the  cases  mentioned  in  the  sixth  Article  ;  of  sending  and 
receiving  ambassadors ;  entering  into  treaties  and  alliances,  provided 
that  no  treaty  of  commerce  shall  be  made,  whereby  the  legislative  power 
of  the  respective  States  shall  be  restrained  from  imposing  such  imposts 
and  duties  on  foreigners  as  their  own  people  are  subjected  to,  or  from 
prohibiting  the  exportation  or  importation  of  any  species  of  goods  or 
commodities  whatever ;  of  establishing  rules  for  deciding,  in  all  cases, 
what  captures  on  land  and  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  United  States 
shall  be  divided  or  appropriated  ;    of  granting  letters  of  marque  and 
reprisal  in  times  of  peace ;  appointing  courts  for  the  trial  of  piracies 
and  felonies  committed  on  the  high  seas ;  and  establishing  courts  for 
receiving  and  determining  finally  appeals  in  all  cases  of  captures ;  pro- 
vided that  no  member  of  Congress  shall  be  appointed  a  judge  of  any  of 
the  said  courts. 


264  APPENDIX    B. 

The  United  States,  in  Congress  assembled,  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting,  or  that 
hereafter  may  arise  between  two  or  more  States  concerning  boundary, 
jurisdiction,  or  any  other  cause  whatever;  which  authority  shall  always 
be  exercised  in  the  manner  following :  Whenever  the  legislative  or 
executive  authority,  or  lawful  agent  of  any  State  in  controversy  with 
another,  shall  present  a  petition  to  Congress,  stating  the  matter  in  ques- 
tion, and  praying  for  a  hearing,  notice  thereof  shall  be  given  by  order 
of  Congress  to  the  legislative  or  executive  authority  of  the  other  State 
in  controversy,  and  a  day  assigned  for  the  appearance  of  the  parties  by 
their  lawful  agents,  who  shall  then  be  directed  to  appoint,  by  joint  con- 
sent, commissioners  or  judges  to  constitute  a  court  for  hearing  and 
determining  the  matter  in  question  ;  but  if  they  cannot  agree,  Congress 
shall  name  three  persons  out  of  each  of  the  United  States,  and  from  the 
list  of  such  persons  each  party  shall  alternately  strike  out  one,  the  peti- 
tioners beginning,  until  the  number  shall  be  reduced  to  thirteen ;  and 
from  that  number  not  less  than  seven  nor  more  than  nine  names,  as 
Congress  shall  direct,  shall,  in  the  presence  of  Congress,  be  drawn  out 
by  lot ;  and  the  persons  whose  names  shall  be  so  drawn,  or  any  five  of 
them,  shall  be  commissioners  or  judges,  to  hear  and  finally  determine 
the  controversy,  so  always  as  a  major  part  of  the  judges  who  shall  hear 
the  cause  shall  agree  in  the  determination ;  and  if  either  party  shall 
neglect  to  attend  at  the  day  appointed,  without  showing  reasons  which 
Congress  shall  judge  sufficient,  or  being  present,  shall  refuse  to  strike, 
the  Congress  shall  proceed  to  nominate  three  persons  out  of  each  State, 
and  the  secretary  of  Congress  shall  strike  in  behalf  of  such  party  absent 
or  refusing ;  and  the  judgment  and  sentence  of  the  court,  to  be  ap- 
pointed in  the  manner  before  prescribed,  shall  be  final  and  conclusive ; 
and  if  any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall  never- 
theless proceed  to  pronounce  sentence  or  judgment,  which  shall  in  like 
manner  be  final  and  decisive ;  the  judgment  or  sentence  and  other 
proceedings  being  in  either  case  transmitted  to  Congress,  and  lodged 
among  the  acts  of  Congress  for  the  security  of  the  parties  concerned ; 
provided,  that  every  commissioner,  before  he  sits  in  judgment,  shall 
take  an  oath,  to  be  administered  by  one  of  the  judges  of  the  supreme 


ARTICLES   OF   CONFEDERATION.  265 

or  superior  court  of  the  State  where  the  cause  shall  be  tried,  "  well  and 
truly  to  hear  and  determine  the  matter  in  question,  according  to  the 
best  of  his  judgment,  without  favor,  affection,  or  hope  of  reward." 
Provided,  also,  that  no  State  shall  be  deprived  of  territory  for  the 
benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  States,  whose  jurisdictions,  as  they  may 
respect  such  lands,  and  the  States  which  passed  such  grants  are  ad- 
justed, the  said  grants  or  either  of  them  being  at  the  same  time  claimed 
to  have  originated  antecedent  to  such  settlement  of  jurisdiction,  shall, 
on  the  petition  of  either  party  to  the  Congress  of  the  United  States, 
be  finally  determined,  as  near  as  may  be,  in  the  same  manner  as  is 
before  prescribed  for  deciding  disputes  respecting  territorial  jurisdiction 
between  different  States. 

The  United  States,  in  Congress  assembled,  shall  also  have  the  sole 
and  exclusive  right  and  power  of  regulating  the  alloy  and  value  of  coin 
struck  by  their  own  authority,  or  by  that  of  the  respective  States  ;  fixing 
the  standard  of  weights  and  measures  throughout  the  United  States ; 
regulating  the  trade  and  managing  all  affairs  with  the  Indians,  not 
members  of  any  of  the  States ;  provided  that  the  legislative  right  of 
any  State,  within  its  own  limits,  be  not  infringed  or  violated  ;  establish- 
ing and  regulating  post  offices  from  one  State  to  another,  throughout 
all  the  United  States,  and  exacting  such  postage  on  the  papers  passing 
through  the  same  as  may  be  requisite  to  defray  the  expenses  of  the  said 
office ;  appointing  all  officers  of  the  land  forces  in  the  service  of  the 
United  States,  excepting  regimental  officers  :  appointing  all  the  officers 
of  the  naval  forces,  and  commissioning  all  officers  whatever  in  the  ser- 
vice of  the  United  States  ;  making  rules  for  the  government  and  reg- 
ulation of  the  said  land  and  naval  forces,  and  directing  their  operations. 

The  United  States,  in  Congress  assembled,  shall  have  authority  to 
appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be  denomi- 
nated "  A  Committee  of  the  States,11  and  to  consist  of  one  delegate 
from  each  State,  and  to  appoint  such  other  committees  and  civil  offi- 
cers as  may  be  necessary  for  managing  the  general  affairs  of  the 
United  States  under  their  direction ;  to  appoint  one  of  their  number  to 
preside ;  provided  that  no  person  be  allowed  to  serve  in  the  office  of 


266  APPENDIX   B. 

president  more  than  one  year  in  any  term  of  three  years  ;  to  ascertain 
the  necessary  sums  of  money  to  be  raised  for  the  service  of  the  United 
States,  and  to  appropriate  and  apply  the  same  for  defraying  the  public 
expenses ;  to  borrow  money  or  emit  bills  on  the  credit  of  the  United 
States,  transmitting  every  half  year  to  the  respective  States  an  account 
of  the  sums  of  money  so  borrowed  or  emitted ;  to  build  and  equip  a 
navy ;  to  agree  upon  the  number  of  land  forces,  and  to  make  requisi- 
tions from  each  State  for  its  quota,  in  proportion  to  the  number  of  white 
inhabitants  in  such  State,  which  requisition  shall  be  binding ;  and 
thereupon  the  Legislature  of  each  State  shall  appoint  the  regimental 
officers,  raise  the  men,  and  clothe,  arm,  and  equip  them  in  a  soldier- 
like manner,  at  the  expense  of  the  United  States ;  and  the  officers  and 
men  so  clothed,  armed,  and  equipped  shall  march  to  the  place  appointed, 
and  within  the  time  agreed  on  by  the  United  States,  in  Congress  as- 
sembled ;  but  if  the  United  States,  in  Congress  assembled,  shall,  on 
consideration  of  circumstances,  judge  proper  that  any  State  should  not 
raise  men,  or  should  raise  a  smaller  number  than  its  quota,  and  that 
any  other  State  should  raise  a  greater  number  of  men  than  the  quota 
thereof,  such  extra  number  shall  be  raised,  officered,  clothed,  armed,  and 
equipped  in  the  same  manner  as  the  quota  of  such  State,  unless  the 
Legislature  of  such  State  shall  judge  that  such  extra  number  can  not 
be  safely  spared  out  of  the  same,  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip  as  many  of  such  extra  number  as  they  judge 
can  be  safely  spared,  and  the  officers  and  men  so  clothed,  armed,  and 
equipped  shall  march  to  the  place  appointed,  and  within  the  time  agreed 
on  by  the  United  States,  in  Congress  assembled. 

The  United  States,  in  Congress  assembled,  shall  never  engage  in  a 
war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor 
enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regulate  the 
value  thereof,  nor  ascertain  the  sums  and  expenses  necessary  for  the 
defense  and  welfare  of  the  United  States,  or  any  of  them,  nor  emit 
bills,  nor  borrow  money  on  the  credit  of  the  United  States,  nor  appro- 
priate money,  nor  agree  upon  the  number  of  vessels  of  war  to  be  built 
or  purchased,  or  the  number  of  land  or  sea  forces  to  be  raised,  nor  ap- 
point a  commander  in  chief  of  the  army  or  jiavy,  unless  nine  States 
assent  to  the  same,  nor  shall  a  question  on  any  other  point,  except  for 


ARTICLES   OF   CONFEDERATION.  267 

adjourning  from  day  to  day,  be  determined,  unless  by  the  votes  of  a 
majority  of  the  United  States,  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn  to 
any  time  within  the  year,  and  to  any  place  within  the  United  States,  so 
that  no  period  of  adjournment  be  for  a  longer  duration  than  the  space 
of  six  months,  and  shall  publish  the  journal  of  their  proceedings 
monthly,  except  such  parts  thereof  relating  to  treaties,  alliances,  or 
military  operations  as  in  their  judgment  require  secrecy ;  and  the  yeas 
and  nays  of  the  delegates  of  each  State,  on  any  question,  shall  be  en- 
tered on  the  journal  when  it  is  desired  by  any  delegate ;  and  the  dele- 
gates of  a  State,  or  any  of  them,  at  his  or  their  request,  shall  be  fur- 
nished with  a  transcript  of  the  said  journal  except  such  parts  as  are 
above  excepted,  to  lay  before  the  Legislatures  of  the  several  States. 

Art.  X.  — The  Committee  of  the  States,  or  any  nine  of  them,  shall 
be  authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers 
of  Congress  as  the  United  States,  in  Congress  assembled,  by  the  con- 
sent of  nine  States,  shall,  from  time  to  time,  think  expedient  to  vest 
them  with ;  provided  that  no  power  be  delegated  to  the  said  Commit- 
tee, for  the  exercise  of  which,  by  the  Articles  of  Confederation,  the 
voice  of  nine  States  in  the  Congress  of  the  United  States  assembled  is 
requisite. 

Art.  XI.  —  Canada,  acceding  to  this  Confederation,  and  joining  in 
the  measures  of  the  United  States  shall  be  admitted  into,  and  entitled 
to  all  the  advantages  of  this  Union ;  but  no  other  colony  shall  be 
admitted  into  the  same,  unless  such  admission  be  agreed  to  by  nine 
States. 

Art.  XII.  —  All  bills  of  credit  emitted,  moneys  borrowed,  and  debts 
contracted  by  or  under  the  authority  of  Congress,  before  the  assembling 
of  the  United  States,  in  pursuance  of  the  present  Confederation,  shall 
be  deemed  and  considered  as  a  charge  against  the  United  States,  for 
payment  and  satisfaction  whereof  the  said  United  States  and  the  public 
faith  are  hereby  solemnly  pledged. 

Art.  XIII.  — Every  State  shall  abide  by  the  determinations  of  the 
United  States,  in  Congress  assembled,  on  all  questions  which  by  this 
Confederation  are  submitted  to  them.  And  the  Articles  of  this  Con- 
federation shall  be  inviolably  observed  by  every  State,  and  the  Union 


268  APPENDIX   B. 

shall  be  perpetual ;  nor  shall  any  alteration  at  any  time  hereafter  be 
made  in  any  of  them,  unless  such  alteration  be  agreed  to  in  a  Congress 
of  the  United  States,  and  be  afterwards  confirmed  by  the  Legislatures 
of  every  State. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to 
incline  the  hearts  of  the  Legislatures  we  respectively  represent  in  Con- 
gress to  approve  of,  and  to  authorize  us  to  ratify,  the  said  Articles  of 
Confederation  and  perpetual  Union,  know  ye,  that  we,  the  undersigned 
delegates,  by  virtue  of  the  power  and  authority  to  us  given  for  that 
purpose,  do,  by  these  presents,  in  the  name  and  in  behalf  of  our  re- 
spective constituents,  fully  and  entirely  ratify  and  confirm  each  and 
every  of  the  said  Articles  of  Confederation  and  perpetual  Union,  and 
all  and  singular  the  matters  and  things  therein  contained.  And  we  do 
further  solemnly  plight  and  engage  the  faith  of  our  respective  constitu- 
ents, that  they  shall  abide  by  the  determinations  of  the  United  States, 
in  Congress  assembled,  on  all  questions  which  by  the  said  Confeder- 
ation are  submitted  to  them ;  and  that  the  Articles  thereof  shall  be 
inviolably  observed  by  the  States  we  respectively  represent,  and  that 
the  Union  shall  be  perpetual.  In  witness  whereof,  we  have  hereunto 
set  our  hands  in  Congress.  Done  at  Philadelphia,  in  the  State  of 
Pennsylvania,  the  ninth  day  of  July,  in  the  year  of  our  Lord  1778,  and 
in  the  third  year  of  the  Independence  of  America. 


APPENDIX  C 

THE   DECLARATION    OF   INDEPENDENCE 

IN  CONGRESS,  JULY  4,   1776 

The  following  preamble  and  specifications,  known  as  the  Declaration 
of  Independence,  accompanied  the  resolution  of  Richard  Henry  Lee, 
which  was  adopted  by  Congress  on  the  2d  day  of  July.  1776.  This 
declaration  was  agreed  to  on  the  4th,  and  the  transaction  is  thus 
recorded  in  the  Journal  for  that  day: 

"Agreeably  to  the  order  of  the  day,  the  Congress  resolved  itself  into 
a  committee  of  the  whole,  to  take  into  their  further  consideration  the 
Declaration  ;  and,  after  some  time,  the  preside7it  resumed  the  chair, 
and  Mr.  Harrison  reported  that  the  committee  have  agreed  to  a 
Declaration,  which  they  desired  him  to  report.  The  Declaration  being 
read,  was  agreed  to  as  follows : " 

A  DECLARATION  BY  THE  REPRESENTATIVES  OF 
THE  UNITED  STATES  OF  AMERICA,  IN  CONGRESS 
ASSEMBLED. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident —  that  all  men  are  created 
equal;  that  they  are  endowed  by  their  Creator  with  certain  inalienable 
tights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 
That,  to  secure  these  rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed ;  that, 
whenever  any  form  of  government  becomes  destructive  of  these  ends. 

269 


270  APPENDIX   C. 

it  is  the  right  of  the  people  to  alter  or  abolish  it,  and  to  institute  a  new 
government,  laying  its  foundations  on  such  principles,  and  organizing 
its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to  effect  their 
safety  and  happiness.  Prudence,  indeed,  will  dictate  that  governments 
long  established  should  not  be  changed  for  light  and  transient  causes ; 
and,  accordingly,  all  experience  hath  shown  that  mankind  are  more 
disposed  to  suffer,  while  evils  are  sufferable,  than  to  right  themselves 
by  abolishing  the  forms  to  which  they  are  accustomed.  But  when  a 
long  train  of  abuses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  a  design  to  reduce  them  under  absolute  despotism,  it  is 
their  right,  it  is  their  duty,  to  throw  off  such  government,  and  to  provide 
new  guards  for  their  future  security.  Such  has  been  the  patient  suffer- 
ance of  these  colonies,  and  such  is  now  the  necessity  which  constrains 
them  to  alter  their  former  systems  of  government.  The  history  of  the 
present  king  of  Great  Britain  is  a  history  of  repeated  injuries  and 
usurpations,  all  having  in  direct  object  the  establishment  of  an  absolute 
tyranny  over  these  States.  To  prove  this,  let  facts  be  submitted  to  a 
candid  world. 

1.  He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

2.  He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operations  till  his  assent 
should  be  obtained ;  and,  when  so  suspended,  he  has  utterly  neglected 
to  attend  to  them. 

3.  He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  Legislature  —  a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

4.  He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  repository  of  their  public  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his  measures. 

5.  He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

6.  He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected,  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise; 


THE   DECLARATION   OF    INDEPENDENCE.  271 

the  State  remaining,  in  the  meantime,  exposed  to  all  the  clangers  of 
invasions  from  without,  and  convulsions  within. 

7.  He  has  endeavored  to  prevent  the  population  of  these  States  ;  for 
that  purpose  obstructing  the  laws  for  the  naturalization  of  foreigners ; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and  raising 
the  conditions  of  new  appropriations  of  lands. 

8.  He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

9.  He  has  made  judges  dependent  on  his  will  alone  for  the  tenure 
on  their  offices,  and  the  amount  and  payment  of  their  salaries. 

10.  He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers,  to  harass  our  people  and  eat  out  their  substance. 

1 1 .  He  has  kept  among  us  in  times  of  peace,  standing  armies,  without 
the  consent  of  our  Legislatures. 

12.  He  has  affected  to  render  the  military  independent  of,  and 
superior  to,  the  civil  power. 

13.  He  has  combined  with  others  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitutions,  and  unacknowledged  by  our  laws ;  giving 
his  assent  to  their  acts  of  pretended  legislation ; 

14.  For  quartering  large  bodies  of  armed  troops  among  us  ; 

15.  For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these  States ; 

16.  For  cutting  off  our  trade  with  all  parts  of  the  world  ; 

17.  For  imposing  taxes  on  us  without  our  consent : 

18.  For  depriving  us,  in  many  cases,  of  the  benefits  of  a  trial  by  jury ; 

19.  For  transporting  us  beyond  seas,  to  be  tried  for  pretended  offenses ; 

20.  For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  enlarging 
its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colonies ; 

21.  For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering,  fundamentally,  the  forms  of  our  governments ; 

22.  For  suspending  our  own  Legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

23.  He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 


272  APPENDIX   C. 

24.  He  has  plundered  our  seas,  ravaged  our  coasts,  burned  our  towns, 
and  destroyed  the  lives  of  our  people. 

25.  He  is  at  this  time  transporting  large  armies  of  foreign  mercenaries 
to  complete  the  works  of  death,  desolation  and  tyranny,  already  begun 
with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

26.  He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners  of 
their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

27.  He  has  excited  domestic  insurrection  among  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress  in 
the  most  humble  terms  ;  our  repeated  petitions  have  been  answered 
only  by  repeated  injury.  A  prince  whose  character  is  thus  marked  by 
every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free 
people. 

Nor  have  we  been  wanting  in  our  attentions  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts  by  their  legislature 
to  extend  an  unwarrantable  jurisdiction  over  us.  We  have  reminded 
them  of  the  circumstances  of  our  emigration  and  settlement  here.  We 
have  appealed  to  their  native  justice  and  magnanimity,  and  we  have 
conjured  them  by  the  ties  of  our  common  kindred  to  disavow  these 
usurpations,  which  would  inevitably  interrupt  our  connections  and 
correspondence.  They,  too,  have  been  deaf  to  the  voice  of  justice 
and  of  consanguinity.  We  must,  therefore,  acquiesce  in  the  necessity 
which  denounces  our  separation,  and  hold  them  as  we  hold  the  rest  of 
mankind  —  enemies  in  war;  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America  in 
general  Congress  assembled,  appealing  to  the  Supreme  Judge  of  the 
world  for  the  rectitude  of  our  intentions,  do,  in  the  name  and  by  the 
authority  of  the  good  people  of  these  colonies,  solemnly  publish  and 
declare  that  these  united  colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States ;  that  they  are  absolved  from  all  allegiance  to 
the  British  crown,  and  that  all  political  connection  between  them  and 


THE   DECLARATION   OF   INDEPENDENCE. 


273 


the  state  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved,  and 
that,  as  free  and  independent  States,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  commerce,  and  do  all  other 
acts  and  things  which  independent  States  may  of  right  do.  And  for 
the  support  of  this  Declaration,  with  a  firm  reliance  on  the  protection 
of  Divine  Providence,  we  mutually  pledge  to  each  other  our  lives,  our 
fortunes,  and  our  sacred  honor. 

The  foregoing  declaration  was,  by  order  of  Congress,  engrossed,  and 

John  Hancock. 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  Jun., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 


signed  by  the  following  members : 


New  Hampshire. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Massachusetts  Bay. 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Rhode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Connecticut. 
Roger  Sherman,. 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

T 


New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 

Robert  Morris,  *- 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 
Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 
Samuel  Chase, 
William  Paca. 
Thomas  Stone, 
Charles    Carroll,   of 
Carrollton. 


North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  Jun., 
Thomas  Lynch,  Jun., 
Arthur  Middleton. 

Georgia. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


APPENDIX    D. 

REFERENCE    BOOKS. 

Alton,  Among  the  Lawmakers,  Scribner. 
Ashley,  The  Afnerican  Federal  State,  Macmillan. 
Brewer,  American  Citizenship,  Scribner. 
Brooks,  How  the  Republic  is  Governed,  Scribner. 
Bryce,  The  Americati  Commonwealth,  Macmillan. 
Burgess,  The  Middle  Period,  Scribner. 

Cooley,  Principles  of  Constitutional  Law,  Little,  Brown  &  Co. 
Conkling,  City  Government  in  the  Utiited  States,  Appleton. 
Curtis,  The  United  States  and  Foreign  Powers,  Scribner. 
Devlin,  Municipal  Reform  in  the  United  States,  Putnam. 
Dole,  Talks  about  Law,  Houghton,  Mifflin  &  Co. 
Ely,  Taxation  in  American  States  and  Cities,  Crowell. 
Fisher,  The  Colonial  Era,  Scribner. 

Fiske,  Civil  Government  in  the  United  States,  Houghton,  Mifflin  &  Co 
Fiske,  Critical  Period  of  American  History,  Houghton,  Mifflin  &  Co. 
Harrison,  This  Country  of  Ours,  Scribner. 
Hart,  Formation  of  the  Union,  Longmans,  Green  &  Co. 
Hinsdale,  The  American   Government,  Werner  School  Book  Co. 
Holt,  Talks  on  Civics,  Macmillan. 
Macy,  Our  Government,  Ginn. 
Newspaper  Almanacs. 

Robinson,  Elementary  Law,  Little,  Brown  &  Co. 
Sloane,  The  French  War  and  Revolution,  Scribner. 
Stanwood,  History  of  Presidential  Elections,  Houghton,  Mifflin  &  Co. 
Thwaites,  The  Colonies,  Longmans,  Green  &  Co. 
Walker,  The  Making  of  the  Nation,  Scribner. 
Wilson,  Congressional  Government,  Houghton,  Mifflin  &  Co. 
Wilson,  Division  and  Reunion,  Longmans,  Green  &  Co. 
Wilson,  The  State,  Heath. 

Wright,  Practical  Sociology,  Longmans,  Green  &  Co. 

274 


INDEX 


Administrative  departments,  city,  20- 

25- 
Administrative  officers,  State,  201. 

Agriculture,  department  of,  1 50-151. 

Alaska,  167. 

Albany  Congress,  33. 

Amendments  to  the  Constitution,  114, 

chap.  18. 

Annapolis  Convention,  40. 

Annapolis  Naval  Academy,  147. 

Appeals,  235. 

Appointment,    President's    power    of, 

I33-I37- 

Apportionment  of  representatives,  53- 

56. 

Appropriations  by  Congress,  88. 

Army  of  the  United  States,  104-105. 

Arrest,  229. 

Articles  of  Confederation,  37,  Appen- 
dix B. 

Assessment,  221. 

Australian  ballot  system,  215-216. 

Ballot,  215-216. 
Bank,  see  National  Banks. 
Bankruptcy  laws,  99-100. 
Bills  in  Congress,  chap.  10. 
Bonds,  National,  88-89. 
Boss,  212. 

Cabinet,  chap.  16. 

Cabinet  system  of  government,   182- 

183. 
Canvass,  216. 
Capital,  location  of,  107. 
Caucus,  210. 

Census  of  the  United  States,  55. 
Charities,  23-24,  202. 
Circuit  Courts  of  the  United  States,  157. 

275 


Citizenship,  98-99. 

City  government,  chap.  4. 

Civil  Service  Reform,  136,  139,  140. 

Coins  and  coinage,  93-94. 

Colonial  governments,  32,  187-189. 

Colonies  made  States,  144. 

Committee  system  in  State  legislatures, 
193-194;   in  Congress,  chap.  9. 

Committee  on  Rules,  75-76. 

Committees  of  Correspondence,  35. 

Commerce,  departments  of,  151. 

Commerce,  power  of  Congress  over, 
89-92. 

Confederation,  Articles  of,  see  Articles 
of  Confederation. 

Conference  committees,  79. 

Congress,  Continental,  35-37;  under 
the  Constitution,  chap.  7;  procedure 
in,  chap.  8;  sessions  of,  62. 

Constitution  of  U.  S.,  Appendix  A; 
amendments  of,  chap.  18;  origin  of, 
47;  ratification,  44-45. 

Constitutional  convention  (1787), 
chap.  6;  delegates  to,  40;  compro- 
mises, 42-43. 

Constitutions  (State),  1S9. 

Consuls,  143. 

Conventions,  National,  117. 

Conventions,  political,  210. 

Copyright,  103.  __» 

County  government,  chap.  4. 

County  type  of  local  government,  15-16. 

Criminal  cases,  233. 

Cuba,  168. 

Debts  of  U.  S.,  88-89. 
Delinquent  taxes,  224. 
Diplomatic  bureaus,  142. 
Direct  nomination,  214. 


276 


INDEX 


District  of  Columbia,  107. 
District  courts  of  the  U.  S.,  157. 
Duties,  customs,  83-85. 

Educational  systems,  chap.  26,  203. 
Elections,  chap.  23. 
Electoral  Commission,  123. 
Electors,  Presidential,  1 1 6,  1 19-122. 
England,  182-183. 
Equalization  of  taxes,  222. 
Executive  departments,  chap.  16. 
Exemptions  from  taxation,  224. 
Ex  post  facto  laws,  1 1 2. 

Federal  Republics,  179. 
Finances,  National,  83-89. 
France,  180. 
Franchises,  26. 
Free  coinage,  94. 

Game  laws,  204. 

Gerrymander,  52. 

Gold  certificates,  95. 

Governors  of  States,  195,  199-201. 

Grand  jury,  162,  231. 

Habeas  Corpus,  III. 
Hawaii,  167. 

Health,  public,  4,  22-23,  2°3- 
Homestead  law,  170. 

Illiteracy,  241. 
Immigration  law,  153. 
Impeachment,  66-67. 
Implied  powers  of  Congress,  108,  no. 
Inauguration  of  President,  127. 
Income  taxes,  87. 
Independents  in  politics,  217. 
Indian  Territory,  167. 
Indians,  149-150,  167. 
Interior,  department  of,  149. 
Internal  revenue  system,  85-86. 
Interstate  commerce  law,  90—91. 

Judicial  trials,  chap.  25. 
Judiciary,  National,  chap.   16 ;    State, 
chap.  25. 


Jurisdiction  of  U.  S.  courts,  158-160. 
Jury  system,  161-163,  231-235. 
Justice,  department  of,  148. 

Lands,  public,  169. 

Legal  tender,  definition,  95. 

Legislatures,  chap.  21. 

Lobby,  78,  195. 

Local  government,  chap.  1. 

Local  government,  origin,  chap.  3. 

Machine  politics,  212-214. 
Mail  matter,  classes,  101. 
Mayor,  20. 

Message,  President's,  137. 
Military  powers  of  Congress,  104-107. 
Militia,  106-107. 
Monarchies,  181-183. 
Money  of  the  U.  S.,  92-96. 
Municipal  government,  chap.  4 ;  own- 
ership, 27,  31. 

National  Banks,  95-96. 

Naturalization,  99. 

Navy,  department  of,  147 ;  of  the 
U.  S.,  105-106. 

New  England  colonies,  13-15;  Con- 
federation, 33. 

New  Jersey  Plan,  42. 

Nobility,  titles  of,  112. 

Nomination  system,  209  ff. 

Northwest  Territory,  165. 

Ordinance  of  1787,  165. 

Pairs,  in  voting,  80. 

Pardons,  132. 

Parish,  16. 

Patents,  103. 

Parliament  of  England,  183. 

Party  government,  chap.  23. 

Penal  institutions,  202. 

Personal  property,    taxation  of,    224- 

226. 
Philippines,  government  of,  167-168. 
Plaintiff,  233. 


INDEX 


277 


Poll  tax,  226. 

Poor,  3. 

Porto  Rico,  government  of,  166. 

Post  office,  department  of,  14S;  sys- 
tem, 100-102,  109. 

Preliminary  examination,  232. 

President  of  U.  S.,  chaps.  13,  14;  elec- 
tion of,  1 1 5-1 25. 

Presidential  succession,  126. 

Primary  reform,  215. 

Property  tax,  see  Taxation. 

Proportional  representation,  52. 

Public  lands,  169. 

Quorum  in  Congress,  67-69. 

Railroads  and  interstate  commerce, 
90-91. 

Real  estate,  224. 

Reform  movements,  28,  31. 

Registration,  215. 

Representatives,  apportionment  of,  53- 
56;  election  of,  51-52;  qualifica- 
tions of,  52-53. 

Reprieve,  132. 

Revenue  bills  in  Congress,  87. 

Roads,  2. 

Rural  delivery  of  mail,  101. 

Russia,  184. 

Salaries  of  Congressmen,  70-71. 

School  revenues,  239-240. 

Schools,  chap.  26. 

Senate  of  U.  S.,  57. 

Senators,  qualifications  of,  58 ;  elec- 
tion of,  59. 

Silver  certificates,  95. 

Smuggling,  84. 

Speaker  of  the  House  of  Representa- 
tives, 76-78. 

Spoils  system,  135. 

Stamp  Act  Congress,  34. 

State,  department  of,  142. 

States,  government,  chaps.  20,  21,  22. 

Streets,  2,  23. 

Subpoena,  232. 


Subsidiary  silver,  94. 
Suffrage,  207-209. 
Superintendent  of  schools,  239. 
Supervisor    system    of    local    govern- 
ment, 8. 
Supreme  Court  of  U.  S.,  157. 
Survey,  U.  S.  Government,  170-174. 
Switzerland,  180-181. 

Tariff,  84-85. 

Taxation,  chap.  24 ;  of  corporations, 
226 ;  inheritance  taxes,  226 ;  in- 
come taxes,  226  ;  National,  83-89  ; 
of  personal  property,  224-225  ;  poll 
lax,  226. 

Taxes,  direct  and  indirect,  87. 

Territorial  delegates,  56. 

Territories,  chap.  17. 

Territory,  admission  of,  168. 

Town  type  of  local  government,  14 ; 
township-county  type,  17. 

Treasury,  department  of,  144. 

Treasury  notes,  94,  96. 

Treaties,  132-133- 

Trials,  judicial,  chap.  25. 

Trusts,  91-92. 

Undervaluation,  222. 

Union,  steps  leading  to,  chap.  5. 

United  States  notes,  95. 

Vacancies,  in  House  of  Representa- 
tives, 57  ;   in  Senate,  60. 

Valuation  of  property,  60. 

Venire,  232. 

Vestry,  16. 

Veto,  80-81. 

Vice-President  of  U.  S.,  126. 

Virginia  local  government,  15-16. 

Virginia  plan,  41. 

Voting,  methods  in  Congress,  80. 

War,  declaration  of,  104 ;  Department 
of,  146. 

Woman  Suffrage,  209. 

Yeas  and  nays,  80. 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  565  678    o 


Lvjb  ES 

STATE  N  HOOL 


Li. 

STATE  N  H00L 


